Evidence by ca..

Once the summons are duly served and if, in spite of 2-3 chances given, the witness does not turn up for recording the evidence, then you may request the court to exercise its power to issue bailable warrants (and, if needed, even non-bailable warrants) to the witness for enforcing his presence. For this purpose, see Section 87 of Cr.P.C., as reproduced below:

“87. Issue of warrant in lieu of, or in addition to, summons.— A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest—

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.”

Calling ac books of complaint by defense is never productive.

If the books show the liability the claim is proved and if not no major damage to complainant since he can prove his liablility. by many other methods.