139. It is desirable that all witnesses on both sides should be examined on the same day in summons cases tried by summary procedure. There is not need to summon the prosecution witnesses for the first hearing on which the particulars of the offence of which he is accused have to be stated to the accused under Section 242 of the Code. If at this hearing the accused does not admit the offence of which he is accused the case should be adjourned for the production of the witnesses of both sides under Section 244. If on the adjourned date of hearing the accused does not produce his witnesses but ask for a future adjournment to secure their attendance, the Magistrate can, in the exercise of his discretion under Section 244 (2), refuse to adjourn the case and proceed to judgement.
