If he says he does so wish, the witnesses named by him shall be recalled and after crossexamination and re-examination (if any) they shall be discharged. The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination (if any) they also shall be discharged. The accused shall then be called upon to enter upon his defense and produce his evidence. (2) (3) 152. If the accused puts in any written statement, the Magistrate shall file it with the record. The complainant or prosecutor may cross-examine any witnesses produced for the defense and the accused may re-examine them. Process for Compelling attendance of Witness and Production of Evidence at Instance of Accused. (1) The accused may after entering upon his defense apply to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or the production of any document or other thing and the Magistrate shall issue such process unless for reasons to be recorded by him in writing he considers that the application is made for the purpose of vexation or delay or of defeating the ends of justice. (2) Before summoning any witness for attendance in accordance with an application from the accused, the Magistrate, may order the deposit in the Court of any reasonable expenses to be incurred for the attendance of that witness except expenses for his transport, which are borne by the Government. Note:- For form of summons to witness see Schedule III,2. 153. Procedure on Acquittal or Conviction. (1) (2) 154. If in any case under this chapter in which a charge has been framed the Magistrate finds the accused not guilty, he shall record an order of acquittal! If in any such case the Magistrate finds the accused guilty, he shall announce hisfinding and shall thereafter, if the accused has not previously called any witness to character, call upon him to produce such witnesses if he so desires and he wishes to make a statement in mitigation of punishment. The record of the accused’s previous convictions (if any), if such record has not already been put in evidence, shall be produced and if necessary proved by the police and the Magistrate shall then pass sentence upon the accused according to law. Absence of Complainant When the proceedings have been instituted upon complaint and upon any day fixed for the hearing of the case, the complainant is absent, the Magistrate may in his discretion notwithstanding anything hereinbefore contained at any time before the charge has been framed discharge the accused. 53