(1) The accused shall then be called upon to enter upon his defence and produce
his evidence; and if the accused puts in any written statement, the Magistrate shall file it
with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to
issue any process for compelling the attendance of any witness for the purpose of examination
or cross-examination, or the production of any document or other thing, the Magistrate
shall issue such process unless he considers that such application should be refused on
the ground that it is made for the purpose of vexation or delay or for defeating the ends of
justice and such ground shall be recorded by him in writing:
Provided that when the accused has cross-examined or had the opportunity of
cross-examining any witness before entering on his defence, the attendance of such witness
shall not be compelled under this section, unless the Magistrate is satisfied that it is
necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application under
sub-section (2), require that the reasonable expenses incurred by the witness in attending
for the purposes of the trial be deposited in Court.