149. Charge to be framed when offence appears to Have been committed. (1) If when such evidence and examination have been taken and made or at any previous stage of the case the Magistrate, is of opinion that there is ground for presuming that the accused has committed an offence, which such Magistrate is competent to try and which in his opinion could be adequately punished by him, he shall frame a charge under his hand declaring with what offence the accused is charged and shall then proceed as hereinafter provided. (2) If at any stage before the signing of judgement in the trial of a case under this chapter it appears to the Magistrate that the case is one which ought to be tried by a High Court, he shall in like manner frame a charge against the accused and in so far as he has not already done so, shall complete the procedure laid down in Chapter XVIII for inquiry into cases triable by a High Court down to the framing of the charge. The Magistrate shall thereafter observe the procedure prescribed in the said chapter to be followed after the framing of the charge. Note :- If a Magistrate of the second class starts a trial under this chapter and finds that the case is one which in his, opinion should be tried by a Magistrate of the first class he will stay proceedings and refer the case as directed by section 237. A Magistrate of the second class will always have power to commit for trial to a High Court See section 156. 150. Plea (1) If the Magistrate is of opinion that the offence is one which, having regard to section 149, he should try himself the charge shall then be read and explained to the accused and he shall be asked whether he is guilty or has any defense to make. (2) If the accused pleads guilty, the Magistrate shall record the plea and may in his direction convict him thereon. Note :- The Magistrate must before convicting on a plea of guilty satisfy himself that the accused has clearly understood the meaning of the charge in all its details, and essentials and also the effect of his plea. On accepting a plea of guilty it may be necessary to examine the record of any proceedings taken before the trial and to call witnesses whose evidence appears in such proceedings; the Court may do this under section 219. 151. Defense. (1) If the accused pleads not guilty or makes no plea, he shall be required to state whether he wishes to cross-examine any witness and if so which of the witnesses for the prosecution whose evidence has been taken. 52