Entrepreneurship is being encouraged today throughout institutions, across the ranks. But we know it is a messy process, particularly in commercial enterprises. So when Stayzilla co-founder Yogendra “Yogi” Vasupal was arrested by Chennai Police earlier this year, it took the entire startup community by shock, consternation, and eventually, a furore erupted. Vasupal was accused of cheating Aditya CS, proprietor of Jigsaw Advertising of Rs 1.69 crore. Here, it seemed, was an entrepreneur being persecuted for not paying his bills on time—an obviously civil dispute being turned into a criminal case at the behest of the aggrieved party. This was pretty much what Justice S Bhaskaran of the Madras High Court said in court while granting Vasupal bail on the condition of him depositing Rs 40 lakh with the Magistrate Court.

It’s important to note that Justice Bhaskaran also advised the parties to settle the matter through mediation, although that suggestion does not seem to have been taken up. This came after Vasupal had spent 28 days in jail when all the lower courts had denied him bail.

Beyond the payment dispute between Stayzilla and Jigsaw, this case epitomises a deeper problem with the Indian judiciary that could potentially torpedo the growth of Indian startups as the sector goes through an already visible and difficult phase of consolidation. The underlying problems with India’s justice delivery mechanisms might explain why Aditya might have approached the police to resolve what is essentially a civil dispute, and why this may not be the last time an entrepreneur faces such a dark situation.

A growing economy means rising civil cases, right? Wrong

A look at the National Crime Records Bureau data published in its annual ‘Crime in India’ reports over the last decade shows that the annual number of cheating cases registered with the police has doubled, from 58,076 in 2006 to 1,15,405 in 2015. No other economic offence under the Indian Penal Code has seen such an increase; only robbery and offences against women have registered similar increases. (The highest increase in this 10-year period, where comparable figures are available, seems to be in abduction and kidnapping. But that’s a story for another day).

The above numbers must also be seen in the context of another curious phenomenon—of cheating cases being ‘settled’ out of court between parties and the FIR (First Information Report) being quashed by the High Court on this basis.

This phenomenon is bizarre because a cheating case, punishable under Section 420 of the Indian Penal Code, 1861 is not a “compoundable offence”. That is, it is not an offence where prosecution can be dropped at the instance of the victim. Take, for instance, this case: Sandesh Subhash Pawar v State of Maharashtra decided by the Bombay High Court on 28 November 2016.

AUTHOR

Alok Prasanna Kumar

Alok is an advocate currently based in Bengaluru. He has previously worked as lawyer in the Supreme Court, from the chambers of Mohan Parasaran. He has also been a Senior Resident Fellow at the Vidhi Centre for Legal Policy and assisted the Law Commission of India in preparing its 253rd Report.

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