IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.A-417-MA of 2010 DATE OF DECISION: SEPTEMBER 15, 2010 Suraj Bhan .....APPLICANT Versus Rajinder Kumar and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE JITENDRA CHAUHAN --- Present: Mr. S.K. Verma, Advocate, for the applicant. .. SATISH KUMAR MITTAL, J. The complainant has filed this application under Section 378(4) Cr.P.C. for grant of leave to file the appeal against the order dated 8.3.2010 passed by Chief Judicial Magistrate, Kaithal, whereby the complaint filed by the applicant against the accused was dismissed at the summoning stage while coming to the conclusion that the complainant did not place on record sufficient material for summoning the accused respondents. After hearing the learned counsel for the applicant and going through the impugned order, we do not find any ground to allow this application. The complaint of the applicant is based upon non-performance of the agreement to sell dated 1.5.2006 for which he alleged that a cheating was committed on him. The trial Court, while taking into consideration the facts that with regard to the said agreement no civil suit for specific performance or for recovery of the earnest money was filed by the applicant within the stipulated time, the complaint was filed after a gap of almost Crl.Misc.No.A-417-MA of 2010 -2- four years and that the alleged agreement to sell was contrary to law, dismissed the complaint after coming to the conclusion that no sufficient material was placed on record to summon the accused. We do not find any illegality in the said order. No merits. Dismissed. (SATISH KUMAR MITTAL) JUDGE September 15, 2010 ( JITENDRA CHAUHAN ) vkg JUDGE