The following procedure shall be observed by Magistrates in the trial of summons cases.
Substance of accusation to be stated:
When the accused appears before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked to show cause why he should not be convicted. It is not necessary to frame a formal charge and embody the same in writing. (Section 251)
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Conviction on plea of guilty:
ADVERTISEMENTS:
If the accused pleads guilty his admission shall be recorded in his own words and ” no sufficient cause is shown, the Magistrate may convict him accordingly. (Section 252)
Conviction on pica of guilty in absence of accused in petty cases:
Where a summons has been issued under Section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of the fine specified in the summons. The Magistrate may in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorized by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. (Section 253)
Procedure when no such admission is made:
If the Magistrate does not convict the accused under the preceding sections or if the accused does not make an admission of the offence, the Magistrate shall hear the complainant and take all such evidence in support of the prosecution and also hear the accused and take defense evidence. (Section 254)
Acquittal or conviction:
If the Magistrate upon taking such evidence and examination, the accused finds the accused not guilty, he shall record an order of acquittal; if he finds the accused guilty he shall pass sentence upon him provided he does not submit the case to a higher Court for an enhanced sentence under Section 325, or release him on probation of good conduct or after admonition under Section 360, Cr.P.C. and of being a second class Magistrate he is of opinion that the accused ought to be required to execute a bond under Section 106, Cr.P.C. he forwards the accused to the Chief Judicial Magistrate after recording his opinion and submitting his proceedings to him (Section 255)
Effect of absence of the complainant:
ADVERTISEMENTS:
If on the appointed day for the appearance of the accused or on any adjourned date of hearing the complainant does not appear, the Magistrate may acquit the accused unless for some reason he adjourns the hearing of the case to some other day.
But where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceeds with the case.] (.Section 256)
It might be stated that an acquittal owing to the absence j of the complainant bars a subsequent trial of the accused for the same offence, and the Magistrate has no jurisdiction to restore the case after it has been dismissed for default of appearance of the complainant: An acquittal under Section 256 is a definite bar to a fresh trial on the same facts for the same offence.
The Magistrate may at any time before the final order is passed on sufficient cause being shown permit the complainant to withdraw the complaint and acquit the accused. (Section 257)