Rummy as a game of skill defeated gambling allegations, and the criminal proceedings were treated as abuse of process.

Rummy was treated as a game mainly and preponderantly of skill, so the mere presence of chance in the dealing of cards did not convert it into gambling. On the facts alleged, collection of a commission for allowing the game to be played did not by itself establish that the premises was used as a gambling house or that offences under the Karnataka Police Act were made out. Continuation of the criminal proceedings was therefore treated as an abuse of process, and the proceedings were liable to be quashed.

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Issues: Whether the playing of Rummy in the facts alleged constituted a game of chance attracting penal action under the Karnataka Police Act and justified quashing of the criminal proceedings.

Analysis: Rummy was treated as a game mainly and preponderantly of skill, not a game entirely of chance. The mere presence of an element of chance in the dealing of cards did not convert it into gambling. On the facts, the allegation that some commission was collected for allowing the game to be played did not by itself establish that the premises was being used as a gambling house or that offences under the Police Act were made out. The continuation of the proceedings was therefore an abuse of process.

Conclusion: The proceedings were liable to be quashed and the issue of process was set aside in favour of the petitioners.

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