The First Appellate Court cannot review its own order without justifiable reasons, and any modification of deposit conditions under Section 148 of the NI Act requires exceptional circumstances.

JUDGMENT

Mrs. Amarjot Bhatti, J. (Oral)

Petitioner - M/s Jotindra Steel and Tubes Limited through its authorised representative Mr. Gopal Gupta has filed aforesaid petitions under Sections 482 Cr.P.C. for quashing of order dated 21.03.2024 (Annexure P-1) passed by learned Additional District and Sessions Judge-1, Faridabad in CRA-480-2023 dated 16.12.2023 and CRA-479/2023 dated 16.12.2023 both titled as "M/s Haryana Steel-Mongers Private Limited & Others v. M/s Jotindra Steel & Tubes Limited" whereby the learned Court has reviewed its order dated 16.12.2023 by reducing the amount of compensation to be deposited from 20% to 5% as provided under Section 148 of Negotiable Instruments Act, 1881 (in short 'NI Act') and order dated 06.04.2024 (Annexure P-2) whereby the learned Court has denied to release the amount deposited by petitioner during the pendency of appeal in violation to the provisions of Section 148(3) of NI Act in the aforesaid appeals. Both petitions are taken up together for disposal with the consent of parties as matter in controversy in both cases is the same. For the convenience of this Court document exhibited in CRM-M-29319-2024 are taken up for discussions.

2. As per facts of the case, Haryana Steel Mongers Private Limited and others filed criminal appeal under Section 374(3) of Cr.P.C. against judgment of conviction dated 18.11.2023 and order of sentence dated 30.11.2023 passed by learned Judicial Magistrate 1st Class, Faridabad in complaint under Sections 138/141 of NI Act titled as Jotindra Steel and Tubes Limited v. Haryana Steel Mongers Private Limited and others. Copy of grounds of appeal in the aforesaid case is Annexure P-3. Appellants/Convicts filed application for suspension of sentence and bail which was disposed of vide order dated 16.12.2023 (Annexure P-4). As per this order, sentence awarded to appellants/convicts by the learned trial Court was suspended on furnishing bail bonds and surety bonds subject to the condition to deposit 20% of compensation amount within a period of one month as detailed therein. Subsequently, appellants/convicts filed application under Section 389 Cr.P.C. for suspension of compensation amount as per order dated 16.12.2023. Said application is Annexure P-5. Application was disposed of by passing impugned order dated 21.03.2024 (Annexure P-1) vide which earlier order dated 16.12.2023 was modified to the extent that appellants were directed to deposit 5% of compensation amount instead of 20% of compensation amount as ordered earlier. On the deposit of said amount, application was moved by respondent/complainant i.e. petitioner in this case for release of amount which was declined vide order dated 06.04.2024. Feeling aggrieved of order dated 21.03.2024 (Annexure P-1) and order dated 06.04.2024 (Annexure P-2), present petitions for quashing have been filed.

3. Learned counsel for the petitioner/complainant argued that learned First-Appellate Court by passing impugned order dated 21.03.2024 has reviewed its own order dated 16.12.2023 which is not permissible under the law. Furthermore order dated 06.04.2024 passed by learned First Appellate Court declining prayer of present petitioner to disburse the amount in their favour, is in complete contravention of Sub-Section 3 of Section 148 of NI Act. Both orders are in violation of express provisions of Section 148 of NI Act. In case the respondents/appellants had any grievance regarding order dated 16.12.2023 (Annexure P-4) they could have assailed the said order by approaching higher Court. Learned First Appellate Court had no power to review its own order by reducing the amount of compensation from 20% to 5% without recording any specific reason. First Appellate Court could not deny the release of amount in favour of present petitioner/complainant. It is submitted that impugned order dated 21.03.2024 (Annexure P-1) reducing the amount of compensation to be deposited by the appellants/convicts as well as impugned order dated 06.0