CHAPTER XVII Trials by Magistrates Non Summarily. Notes:- (1) A Payam Magistrate may only try summarily. (2) This chapter lays down the procedure where the Magistrate acts with the knowledge or on the assumption that the case is one for trial by a Magistrate. Provision is made in section 149 (2) for the transformation of the trial into a magisterial inquiry, followed by commitment to a High Court, if it appears in the course of the trial that the case is in fact one that should be so dealt with. 146 Procedure in Non-Summary Trial by Magistrate The procedure laid down in this chapter shall be observed by Magistrates in the trial of cases non summarily. 147. Evidence for Prosecution. (1) When the accused appears or is brought before him, the Magistrate shall proceed to hear the complainant (if any) and take all such evidence as may be produced in support of the persecution. (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. The accused shall be at liberty to cross-examine the witnesses for the prosecution and, if does so, may re-examine them. (3) Note:- For forms of summons to witness see Schedule 111, 2. 148. Discharge of Accused. (1) If upon taking all the evidence referred to in section 147 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 no case against the accused has been made out which if un-rebutted would warrant his conviction, the Magistrate shall discharge him. Notes :- See section 218 (2) The Magistrate may discharge the accused at any previous stage of the case, if for reasons to be recorded by him, he considers the charge to be groundless. 51