(1) If the petition be not dismissed, the Nyaya Panchayat shall, Proceeding subject to the provisions of section 83, by summons require the accused preliminary to trial.
to appear and answer the petition.
(2) If the accused fails to appear or cannot be found, the Nyaya Panchayat shall report the fact to the nearest Sub-divisional Judicial Magistrate, who would have had jurisdiction to try the offence but for the provisions of this Act, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the Nyaya Panchayat or release him on bail to appear before it.
(3) The Nyaya Panchayat shall, if possible, try the case on the day on which the accused appears or is brought before it, but if that is not possible, the Nyaya Panchayat shall release him on his executing a bond for a sum not exceeding twenty-five rupees to appear before it on any subsequent day or days to which the trial may be adjourned:
Provided that if the accused fails or refuses to execute a bond, the Nyaya Panchayat shall, instead of releasing him, send him back under custody to the Sub-divisional Judicial Magistrate by whom such accused was arrested and thereupon such Sub-divisional Judicial Magistrate shall, notwithstanding anything contained in sub-section (1) of section 52, take cognizance of the complaint made before the Nyaya Panchayat and shall try such accused person in the same manner and under the same procedure as if the complaint were made before him.
5 of 1898. 57. Notwithstanding anything contained in the Code of Criminal Compound- Procedure, 1898, the Nyaya Panchayat may allow the parties to compound offences.
any offence triable by it.
58. Notwithstanding anything contained in the Code of Criminal Bar to Procedure, 1898, there shall be no appeal by a convicted person in any appeal.
case tried by a Nyaya Panchayat:
299 The West Bengal Panchayat Act, 1973.
[West Ben. Act (Part 11.—Gram Panchayat.—Chapter VII.—Nyaya Panchayats.—Section 59.)
Provided that the Sessions Judge or Sub-divisional Judicial Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, if satisfied that failure of justice has occurred, may, of his own motion, or on the application of any of the parties concerned, made within thirty days from the date of the order of the Nyaya Panchayat, cancel or modify any order of conviction or of compensation made by a Nyaya Panchayat or direct the retrial of any case by a court of competent jurisdiction subordinate to him, notwithstanding anything contained in sub-section (1) of section 52.
Power to impose fine or to award compensation.