Merely Playing Rummy With Small Stakes In A Club Would Not Amount To Gambling: Delhi HC [Read Judgment]

The Delhi High Court, on Thursday, agreed with a lower Court's observations that merely playing rummy with small stakes in a club would not amount to gambling.

"Trial court in my opinion also has rightly held that merely because a card game of rummy was played in the club premises with small stakes from a few annas to some rupees would not make it gambling as held by the Supreme Court in the judgment in the case of State of Andhra Pradesh v. K. Satyanarayana & Ors. AIR 1968 SC 825," Justice Valmiki J. Mehta observed.

The Court was hearing a Petition filed by one Mr. Suresh Kumar, who had challenged a Trial Court order, wherein he had been directed to pay Rs. 3 lakhs to the Central Secretariat Club as damages for filing a false police complaint. Mr. Kumar had complained that a mafia operated in the Club and that the Club allows gambling within its premises. The Trial Court had, however, opined that Mr. Kumar had failed to discharge the burden of proof on him.

The High Court agreed with the lower Court's observations, noting that Mr. Kumar had been employed with the Club but had been subsequently fired on findings of misconduct. It then observed, "I completely agree with the discussion, reasoning and conclusion of the trial court because the complaint Ex.PW4/1 dated 8.9.2015 filed by the appellant/defendant was on account of his frustration of having been removed from the services of the respondent/plaintiff/club and the allegations made by the appellant/defendant were not bonafidely made and were made either as a revenge or to pressurize the respondent/plaintiff to take the appellant/defendant back in services with the fact that complaint was made after around two years of the appellant/defendant being removed from his services with the respondent/plaintiff."