New Delhi, Jan 2 (PTI) The Supreme Court on Thursday quashed an FIR against a foreign national who allegedly defaulted in paying Rs 9 crore to a company over a development project.
A bench of Justices C T Ravikumar and Sanjay Kumar set aside an August 2020 decision of the Allahabad High Court refusing to grant him the relief and said the FIR showed vague allegations against Kim Wansoo.
To stand the trial in such circumstances would be nothing but an abuse of process of law and non-interference would result in miscarriage of justice, it said.
Quashing the FIR registered at a Meerut police station, the court set aside any further proceedings.
It was alleged Wansoo, project Manager of Hyundai Engineering and Construction India LLP, and other accused had connived to not make the payment after an agreement between the company and another sub-contractor for obtaining manpower for a project.
Hyundai Motor India Limited had awarded the contract for construction and development of the project to Hyundai Engineering & Construction India LLP, which further sub-contracted it to various entities.
The FIR was registered in 2020 under various provisions of the IPC including conspiracy, cheating and criminal breach of trust, against the accused persons, including the appellant.
Following the FIR, the appellant said he produced documents in his possession before the investigating officer, but was still asked to furnish more documents he did not have.
The apex court observed no specific allegation could be seen either against the appellant or his employer.
“A scanning of the subject FIR would reveal after making some allegations, the complainant… sought for registration of a case against the persons named therein, including the appellant herein to help the complainant/appellant herein to recover the amount mentioned therein,” it said.
The bench therefore held apart from the “vague allegations” even if the rest of it was taken to be true, it would still not have disclosed an offence.
“In such circumstances, asking the appellant to stand the trial will be nothing but an abuse of process of law and as such, non-interference by refusing to exercise the power to quash the FIR and further proceedings based thereon, would result in miscarriage of justice,” it said. PTI ADS AMK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.