Rajasthan High Court Stays Arrest Of upGrad Director In Cheating Case Over Course Fee Refund Dispute

The Rajasthan High Court has stayed the arrest of directors and other employees/affiliates of Upgrad, a digital learning platform offering online higher education programs, in relation to the criminal case registered against them for cheating and criminal breach of trust.

Justice Anil Kumar Upman passed the order.

As per the quashing petition submitted by the petitioners, the case was registered by one of the students who had opted for a course on the platform, and had deposited a fee of Rs. 5.25 lakhs. Based on fulfilment of the course and certain other eligibility criteria, the Course was leading to MS in Organizational Leadership in a university is USA.

After nearly four months of participating in the course, the complainant sought refund of the fee on the ground that owing to the political conditions as well as certain personal financial hardships, he had dropped his plans to pursue studies in the USA.

The petitioners informed the complainant that such refund request was contrary to the agreed terms.

In this background, the criminal case for cheating and criminal breach of trust was filed by the student against the petitioners.

It was submitted by the counsel for the petitioners that the dispute was purely civil and contractual in nature.

The Court held that the matter required consideration, and directed issuance of notices to the respondent-complainant. Arrest of the petitioners was stayed by the Court.

Title: Mayank Kumar & Ors. v State of Rajasthan & Anr.

For Petitioners: Mr. Madhav Mitra, assisted by Mr. Shreyansh Mardia, and Ms. Jaya Mitra

For Respondents: Ms. Arti Sharma, with Mr. Vijay Singh

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