(1.) This petition has been preferred seeking to set aside the order dated 28.05.2019 passed in Crl.M.P.No.2879 of 2019 in C.C.No.692 of 2017 on the file of the Judicial Magistrate Court -I, Tirupur District.
(2.) The petitioner faced prosecution in C.C.No.692 of 2017 before the Judicial Magistrate-I, Tirupur, for the offence under Sec. 417 IPC. After completion of the trial, the case was posted on 28.05.2019, under the caption 'for pronouncing judgment'. On that day, the petitioner was absent. A petition under Sec. 317 Crimial P.C. was filed by the counsel for the petitioner which was rightly dismissed by the Trial Court. Thereafter, the Trial Court convicted the petitioner under Sec. 417 Penal Code and sentenced him to undergo one year rigorous imprisonment. After the judgment was delivered, the petitioner filed an application in Crl.M.P.No.2879 of 2019 in C.C.No.692 of 2017 under Sec. 389 (3) Crimial P.C. for suspension of sentence and bail, which has been dismissed by the Trial Court on 28.05.2019, challenging which, the petitioner/accused is before this Court.
(3.) Heard Mr.P.M.Duraiswamy, learned counsel for the petitioner/accused and Mr.G.Ramar, learned Government Advocate (Crl.Side) for the respondent/State.