1934 (11) TMI 17

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....the applicant asks us to review the order of the Sessions Judge of Sholapur refusing to order the withdrawal of a warrant issued under Section 386 of the Criminal Procedure Code, The relevant facts are that in the year 1930 the present applicant was convicted of certain offences, and he was sentenced to substantive terms of imprisonment, and also to fines amounting to Rs. 1,500, with a sentence of....

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....he fine, and now asks that the warrant for the recovery of the fine issued against him Should be withdrawn, and in support of his contention he relies on the proviso to Section 386 (1), That proviso provides that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court sha....

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.... warrant. I apprehend that the special reasons should be reasons accounting for the fact that the fine has not been recovered before the sentence in default has been served, and any reasons which are directed to that point would be relevant. It may be that the authorities, through no negligence on their part, did not know of the existence of the property or the accused may have inherited property ....