The Supreme Court has quashed the FIR filed against Kim Wansoo, a foreign national and the alleged accused in a fraud case, for allegedly defaulting on a payment of Rs 9 crore to a company involved in a development project.
A bench of Justices C.T. Ravikumar and Sanjay Kumar overturned the Allahabad High Court’s decision, which had refused to grant relief to Kim Wansoo in August 2020. The High Court had previously rejected Wansoo’s plea, ruling that the allegations against him were vague.
The case stemmed from an agreement between Hyundai Engineering and Construction India LLP to obtain manpower for a development project.
In 2020, the Meerut police lodged an FIR accusing Kim Wansoo, the project manager for Hyundai Engineering, and other individuals of colluding to withhold the agreed payments.
The FIR charged Wansoo and the others under various provisions of the Indian Penal Code, including conspiracy, cheating, and criminal.
Supreme Court’s Ruling And Relief
In its ruling, the Supreme Court held that facing trial under such vague allegations would amount to an abuse of the legal process. The Court emphasized that the High Court’s refusal to intervene could lead to a failure of justice.
The apex court subsequently stayed further proceedings and quashed the FIR against Wansoo, providing relief to the accused.
Legal Proceedings By Supreme Court
Kim Wansoo, after the FIR was filed, claimed that he was asked by the investigating officer to produce certain documents related to the case. However, he argued that he did not have the documents in his possession to comply with this request.
With the Supreme Court’s decision, the legal proceedings against Kim Wansoo in the fraud case have been halted. The ruling has provided significant relief to the foreign national, overturning the previous court’s stance.
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