Compensation under criminal procedure remains recoverable after default sentence, and warrant recovery needs no special reasons.

Compensation awarded under Section 357(3) of the Code of Criminal Procedure remains recoverable as money payable under the Code by virtue of Section 431, even where no fine formed part of the sentence. The fact that the accused has already undergone the default sentence does not extinguish the compensation liability or bar recovery by warrant under Section 421. The proviso limiting post-default recovery applies to fine and specified amounts, not to compensation under Section 357(3). No special reasons are required to issue the warrant in such recovery.

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Issues: Whether compensation awarded under Section 357(3) of the Code of Criminal Procedure, 1973 can be recovered under Section 421 read with Section 431 of the Code of Criminal Procedure, 1973 after the accused has undergone the default sentence, and whether special reasons are required for issuing a warrant in such a case.

Analysis: Section 357(3) authorises an award of compensation where fine does not form part of the sentence, and Section 431 treats money payable under the Code, where no other mode of recovery is expressly provided, as recoverable as if it were a fine. The proviso to Section 421 restricts recovery after the whole default imprisonment has been undergone only in cases of fine, except where compensation out of fine under Section 357(1) or costs under Section 359 are involved. Compensation under Section 357(3) is not a sentence of fine, but it remains recoverable under Section 421 by virtue of Section 431. The fact that the accused has undergone the default sentence does not extinguish the compensation or bar recovery by warrant, and no special reasons are required for such recovery.

Conclusion: Compensation awarded under Section 357(3) remains recoverable even after the default sentence has been undergone, and the distress warrant was valid.

Final Conclusion: The reference was answered against the petitioner, and the challenge to recovery of compensation by distress warrant failed.

Ratio Decidendi: Compensation awarded under Section 357(3) of the Code of Criminal Procedure, 1973 is recoverable as if it were a fine under Section 431, and undergoing the default sentence does not bar recovery under Section 421.

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