2012 (8) TMI 1144 - HC - Indian Laws

Summary

Issues Involved:
1. Recovery of compensation under Section 357(3) of Code of Criminal Procedure (CrPC) after undergoing default sentence.
2. Application of Section 421 CrPC for distress warrant in case of non-payment of compensation.
3. Interpretation of proviso to Section 421(1) CrPC in relation to Section 357(3) CrPC.

Summary:

1. Recovery of Compensation under Section 357(3) CrPC:
The primary issue was whether compensation awarded u/s 357(3) CrPC can be recovered through a distress warrant u/s 421 CrPC after the accused has undergone the default sentence. The court held that compensation awarded under Section 357(3) CrPC is recoverable under Section 421 CrPC by virtue of Section 431 CrPC. The compensation remains executable even after the default sentence is served.

2. Application of Section 421 CrPC:
The petitioner, convicted under Sections 279, 337, and 338 IPC, had undergone the default sentence for non-payment of compensation. The Magistrate issued a distress warrant under Section 421 CrPC for recovery of the compensation. The petitioner contended that the distress warrant should not be issued as he had already undergone the default sentence. The court dismissed this argument, stating that Section 421 CrPC applies to the recovery of compensation awarded under Section 357(3) CrPC, even if the default sentence has been served.

3. Interpretation of Proviso to Section 421(1) CrPC:
The court clarified that the proviso to Section 421(1) CrPC does not preclude the recovery of compensation awarded under Section 357(3) CrPC after the default sentence is served. The proviso mandates that if an offender has undergone the default sentence for non-payment of fine, the fine can still be recovered if special reasons are recorded or if there is an order for payment of compensation under Section 357(1) or Section 359 CrPC. The court concluded that the same logic applies to compensation awarded under Section 357(3) CrPC, and it can be recovered under Section 421 CrPC without the need for special reasons.

Conclusion:
The court concluded that the compensation awarded under Section 357(3) CrPC is recoverable under Section 421 CrPC even after the default sentence is served. The orders of the Magistrate issuing distress warrants for recovery of compensation were upheld, and the petitions challenging these orders were dismissed. The court emphasized that undergoing the default sentence does not extinguish the liability to pay compensation, and the injured parties are entitled to recover the awarded compensation.