Justice Valmiki J Mehta's observation came on an appeal filed by one Suresh Kumar, challenging a trial court order directing him to pay Rs 3 lakh to the Central Secretariat Club here as damages for filing a false police complaint.
"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," Justice Mehta said.
Kumar, a former employee of the club, had complained that a "mafia" operated there and the club allowed gambling within its premises.
The trial court had, however, opined that Kumar had failed to discharge the burden of proof on him.
The High Court agreed with the lower court's observations and noted that Kumar was "frustrated" as he had been fired by the club over misconduct.
"I completely agree with the discussion, reasoning and conclusion of the trial court because the complaint filed by the appellant (Kumar) was on account of his frustration of having been removed from the services of the club and the allegations made by him were not bonafidely made...
"They were made either as a revenge or to pressurise the club to take the him back in service (along) with the fact that complaint was made after around two years of him being removed from the services with the club," the court said.
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