O R D E R

The petitioner is the power of attorney of the complainant in CC.No.49/2002 on the file of the Judicial Magistrate of the First Class, Karunagappally. The complainant had been prosecuting the first respondent alleging offence under Section 138 of the Negotiable Instruments Act . The complainant filed chief affidavit as Pw1 and Exts.P1 to P6 were marked. Thereafter, it is reported that the complainant had gone abroad and was not available for cross-examination. The power of attorney holder of the complainant filed a petition as CMP.No.6484/2006 seeking an order to allow the power of attorney holder to depose on behalf of the complainant. In the cause title of the order impugned it is mentioned that the petition was filed by the accused/petitioner and the complainant was the respondent. It appears that it is a mistake. However, in the light of the law laid down by the Apex Court inJanki Vashdeo Bhojwani v. Indusind Bank Ltd. (2005(2) SCC 217), where it is held that the power of attorney holder cannot depose on behalf of the principal, the learned Magistrate dismissed the petition. Seeking an order to quash the said order in exercise of the powers vested on this Court under S