156. Commitment for Trial No person shall be tried by a High Court except after having been committed for trial by a Magistrate of the first or second class and on the charges framed on committal as altered or added to by the Court under section 195. 157. Ordinary and Summary Commitment for Trial The procedure laid down in sections 158 to 172 (inclusive) in this chapter is the ordinary procedure of commitment for trial by a High Court. It is also the procedure to be followed by a Magistrate of the Payam Court when holding an inquiry into a case, which he is not competent to try. The summary committal procedure laid down by section 172A of this chapter shall be followed unless the offence is punishable with death will is prejudice the accused. 158. Taking of Evidence Produced (1) When the accused appears or is brought before him the Magistrate shall proceed to hear the complainant (if any) and to take all such evidence as may be produced in support of the prosecution or on behalf of the accused or as may be called for by the Magistrate. (2) The Magistrate shall ascertain from the complainant or otherwise, the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon to give evidence before himself such of them as he thinks necessary. (3) If the complainant or prosecution or the accused applies to the Magistrate to issue process to compel the attendance of any witness or the production of any document or thing, the Magistrate shall issue such process unless, for reasons to be recorded by him in writing he deems it unnecessary to do so. (4) The accused may cross-examine the witnesses for the prosecution and in such case the complainant or prosecutor may re-examine them, and in like manner the complainant or prosecutor may cross-examine any witnesses produced for the defense and the accused may re-examine them. (5) The accused shall be at liberty to reserve his defense until the trial by the High Court. 159. When Accused Person to be Discharged. (1) If, upon taking all the evidence referred to in section 158, and making such examination (if any) of the accused as the Magistrate thinks necessary for the purpose of enabling, him to explain any circumstances appearing in the evidence against him, the Magistrate finds that there are no sufficient grounds for committing the accused for trial to a High Court or for the trial of the accused by himself or some other Magistrate he shall record his reasons and discharge him. Note :- See Section 218. 55