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Issues involved: Conviction and sentence u/s 138 of the Negotiable Instruments Act, appeal against conviction, compounding of offence.
Conviction and sentence u/s 138 of the Negotiable Instruments Act: The Appellants were convicted by the Chief Judicial Magistrate for offences punishable u/s 138 of the Negotiable Instruments Act and were sentenced to undergo imprisonment and fine. The trial court also awarded compensation to the complainant. The 1st Additional Sessions Judge allowed the appeal, setting aside the conviction and sentence. However, the High Court reversed this decision and restored the trial court's judgment. Appeal against conviction: In the appeal before the Supreme Court, a compromise petition was filed by the parties stating that the dispute had been settled and the amount due to the complainant had been paid. Citing a previous judgment, the Appellants requested the conviction and sentence to be quashed. The Supreme Court, after examining the records and considering the similarity of facts to a previous case, allowed the appeal. The Court set aside the conviction and sentence in the interest of justice, noting that the dispute had been settled between the parties and compounding of the offence was permitted u/s 147 of the Negotiable Instruments Act. Compounding of offence: The Supreme Court allowed the appeal and set aside the conviction and sentence imposed on the Appellants, emphasizing the settlement of the dispute between the parties and the provision for compounding of the offence u/s 147 of the Negotiable Instruments Act. The Court's decision was based on the precedent set by a previous case where a similar prayer for setting aside the conviction and sentence had been granted.
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