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Lower Court observed that the playing rummy with small stakes in a club does not amount to gambling and this observation of the lower court has been upheld by the Delhi High Court.
Justice Valmiki J Mehta of HC stated that the observation of the lower court is right and relying on the judgement of supreme court in State of Andhra Pradesh vs K. Satyanarayana & Ors stated that just because game of rummy is being played in a club which involved small stakes from annas to rupees does not qualify to be gambling.
The instant petition was filed by Mr. Suresh Kumar against the order of the trial court, wherein the trial court has ordered him to pay damages of Rs 3 lakhs for filing a false police complaint against the secretariat club. The complaint stated that a mafia was being operated in the club through which gambling was being conducted but the trial court held that the petitioner has failed to discharge the burden of proof.
The HIgh Court held that it did not find any illegality in the order of the trial court and the trial court was right in observing that the Mr. Suresh was employed with the club and was later fired on the account of misconduct.
The court further observed that the complaint Ex.PW4/1 dated 8.9.2015 filed by the appellant was on account of his frustration of having been removed from the services of the club and the allegations so made by the appellant are not bonafide and the fact that the complaint was made after two years of his discharge from service it can be presumed that it as an act of revenge or a method of putting pressure to take him back to the job.