SASIDHARAN NAMBIAR, J.

1. When the sentence awarded includes payment of compensation under Section 357 (3) of Code of Criminal Procedure, with a default sentence and the accused undergoes the default sentence, whether the compensation awarded could be recovered by issuing a distress warrant under Section 421 of Code of Criminal Procedure?

2. Crl.M.C.No.2083 of 2011 was filed by an accused who was convicted and sentenced to simple imprisonment for three months each for the offences under Section 279, 337 and 338 of Indian Penal Code. In Crl.R.P.No.1445 of 2001 filed by the petitioner, while confirming the conviction, this court modified the sentence to imprisonment till rising of court in addition to compensation under Section 357(3) of Code of Criminal Procedure, to the injured at the rate of Rs.10,000/- each to Pws 1 and 2 and Rs.8000/- to PW3 and Rs.5000/- each to Pws 4 and 6 with a default sentence of imprisonment for one month each. Petitioner did undergo the substantive sentence but did not pay the compensation and had undergone the default sentence. When the learned Magistrate issued a distress warrant for realisation of the compensation, as provided under Section