JUDGMENT :

SANJAY VASHISTH, J.

1. Petitioner - Dr. Rajesh Kumar Jain has filed instant petition under Section 528 and 395 of BNSS, 2023, for quashing of an interlocutory order dated 15.05.2025 (Annexure P-1), passed by learned Judicial Magistrate Ist Class, Jind, in CRM No. 129 of 2024, in case titled as Dr. Rajesh Jain v. Sandeep Mehra whereby complainant/petitioner Dr. Rajesh Kumar Jain has been directed to engage a trained advocate and to make any future appearance in the matter only through an advocate. 

Besides, praying for issuance of directions to the learned District Judge, Jind, as also the Trial Court Magistrate, petitioner has prayed for grant of compensation also.

FACTUAL MATRIX:-

2. Relevant facts of the present case, as this Court has been able to culled out, are that in the year 2018 the petitioner had instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘NI Act’), bearing case No. NACT-694-2024, against Sandeep Mehra (respondent herein) regarding bouncing of a cheque amounting to Rs. 5,00,000/-. The said case was finally decided by the Court of Mr. Vivek Singh, Judicial Magistrate Ist Class, Jind, vide judgement dated 12.11.2024, acquitting the accused/respondent Sandeep Mehra. Feeling aggrieved, petitioner firstly filed CRM-A-97-2025, challenging the judgement dated 12.11.2024, seeking leave to appeal.

In view of the law laid down by Hon’ble the Apex Court, in the case of M/s Celestium Financial v. A. Gnanasekaran [Criminal Appeal Nos. 1868-1870 of 2025, decided on 08.04.2025, reported as 2025 (3) RCR (Criminal) 208 : 2025 SCC OnLine SC 1320], CRM-A-97-2025 was disposed of by this Court, vide order dated 09.07.2025, directing the learned Sessions Judge, Jind, to treat the said leave to appeal as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to any appropriate Court to try the same. Thereupon, said dispute is pending adjudicating before the lower Appellate Court as CRA No. 393 of 2025, in the Court of learned Additional Sessions Judge, Jind.

3. During pendency of Complaint No. NACT-694-2024, under Section 138 of the NI Act, petitioner filed an application dated 05.09.2024, under Sections 195 and 340 Cr.P.C., for punishing the accused/respondent Sandeep Mehra, for furnishing false information in the course of judicial proceedings, willfully and intentionally, by false statements under oath, knowing them to be false, and willfully obstructing the administration of justice.

When said application came up for consideration on 15.05.2025, impugned order was passed by the Court of Mr. Vivek Singh, learned Judicial Magistrate Ist Class, Jind, which reads as under:-

“CNR No.HRJN030041782024 CIS No.CRM/129-2024 Dr. Rajesh Jain Versus Sandeep Mehra Present: Complainant Dr. Rajesh Jain in person.

Shri Ankush Sharma, Advocate for accused Sandeep.

Arguments on the application under Section 195 and 340 of Cr.P.C. not advanced.

The court asked the complainant to engage a counsel so that he may be in the position to represent his case properly before the Court. The complainant has been offered to take help of legal aid counsel. The complainant submitted that he is in the good position to represent his case and well conversant with the law. The complainant stated that he does not want to engage a lawyer. Heard, after considering the conduct of complainant, this Court deems it proper to issue certain directions to him. The complainant has claimed himself to be a senior doctor and specialist Orthopedic Surgeon who is engaged in private practice in Delhi and NCR region. The complainant has not taken any legal assistance despite being offered. The complainant appears before this Court regularly in several cases and has been asked to take help of a trained advocate but, the complainant has clearly refused.

This Court has taken note of the conduct of complainant in the Court on several occasions. Hence, this Court is of the view that the complainant might be aware of some of the legal