Joginder Sansanwal Vs. State and ors. - Court Judgment

Excerpt:

[a.n. venugopala gowda j.] this writ petition is tiled under article 227 of the constitution of lidia praying to set aside the order of the learned city civil judge, bangalore city, sitting in court. hall no.8 in aacexure-e order dated 2.11.2010 in o.s.no.8185/2003 rejecting the prayer of the petitioner for issue cf notice to the proposed defendants......in purchasing a horse. the learned trial court came to conclusion that giving advice to put bet on horse racing does not amount to cheating. i consider that the learned trial court rightly came to conclusion that no offence of cheating was made out in this case. if the crl. mc no.2508/2010 page 1 of 2 petitioner had not been interested in betting and earning easy money through betting, the petitioner would not have sought advice of accused. the very fact that the petitioner sought advice of the respondent and petitioner could be induced into horse racing or purchase of a horse for racing and actively participated in betting, shows that the petitioner himself was responsible for his woes. the complaint filed by the petitioner against the respondents was rightly dismissed by the learned mm being not maintainable. there is no force in this petition. the petition is hereby dismissed.

Judgment:

1. By this petition under Section 482 Cr.P.C read with Article 227 of the Constitution of India, the petitioner has assailed an order dated 9th March, 2010 passed by learned MM, New Delhi whereby he dismissed a complaint of the petitioner holding that no offence against the accused persons was made out.

2. A perusal of complaint and the order of the learned MM would show that as per the allegations of the petitioner, the petitioner was induced into horse racing and betting by the respondent no.2 and the petitioner lost considerable amount in racecourse and in purchasing a horse. The learned trial court came to conclusion that giving advice to put bet on horse racing does not amount to cheating. I consider that the learned trial court rightly came to conclusion that no offence of cheating was made out in this case. If the Crl. MC No.2508/2010 Page 1 Of 2 petitioner had not been interested in betting and earning easy money through betting, the petitioner would not have sought advice of accused. The very fact that the petitioner sought advice of the respondent and petitioner could be induced into horse racing or purchase of a horse for racing and actively participated in betting, shows that the petitioner himself was responsible for his woes. The complaint filed by the petitioner against the respondents was rightly dismissed by the learned MM being not maintainable. There is no force in this petition. The petition is hereby dismissed.