Section 244(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)If the Magistrate does not convict the accused under the preceding section or if the accused does not make such admission, the Magistrate shall proceed to hear the complainant (if any), 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 defence :Provided that the Magistrate shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court.
