law: Code of Criminal Procedure Act, 1973
  
  254.Procedure when not convicted.-
  (1) If the Magistrate does not convict the
  
  accused under section 252 or section 253, the Magistrate shall proceed to hear
  
  the prosecution and take all such evidence as may be produced in support of the
  
  prosecution, and also to hear the accused and take all such evidence as he
  
  produces in his defense.
  (2) The Magistrate may, if he thinks fit, on the application of the prosecution
  
  or the accused, issue a summons to any witness directing him to attend or to
  
  produce any document or other thing.
  (3) The Magistrate may, before summoning any witness on such application,
  
  require that the reasonable expenses of the witness incurred in attending for
  
  the purposes of the trial be deposited in Court.