JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present petition has been filed under Section 482 Cr.P.C. for setting aside the order dated 12.11.2022 (Annexure P-9) passed by the learned Judicial Magistrate 1st Class, SAS Nagar, Mohali in FIR No. 89 dated 17.07.2019 registered under Sections 341, 323 IPC at Police Station Phase-VIII, SAS Nagar, Mohali and further direct the learned trial Court to pass fresh order after hearing and evaluating the entire record.

2. Learned counsel appearing on behalf of the petitioner inter-alia contends that the learned trial Court while passing the impugned order dated 12.11.2022 (Annexure P-9) has accepted the cancellation report without even considering the fact that the complaint filed by the petitioner was dismissed in default for non-appearance vide order dated 18.10.2022. As such, the reasoning given in the impugned order dated 12.11.2022 (Annexure P-9) is totally erroneous and against the factual position of the case. It is further contended that the learned trial Court while passing the impugned order has observed the following:

“6......Moreover, the complainant has already filed protest petition. Therefore, in the interest of justice, I accept the