1. Complainant before the trial court is the petitioner. The allegation made by him in the complaint is that the accused committed an offence under S.500 of the Indian Penal Code. The complaint was filed through his advocate Sri.T.R.Raman Pillai. Prior to the filing of that Sri.Raman Pillai issued a notice on behalf of the complainant, intimating the accused that appropriate legal steps including civil action for realising damages and criminal action for redressal of grievances of complainant will be resorted to.

2. Complaint has been entertained by the learned Magistrate. Summons was issued to the accused. On the side of the complainant five witnesses were examined. Defence examined D.W.1. Thereafter accused requested the court to issue witness summons to the complainant's advocate Sri. T.R.Raman Pillai to appear and to give evidence for the defence. Sri. Raman Pillai filed a petition stating that his presence in pursuance of the summons and his examination on oath may be dispensed with. He pointed out that notice issued by him and produced by the accused in the case may be accepted as an exhibit for defence and that he need not be examined to prove the same. Learned Ma