The Supreme Court quashed an FIR against a foreign national in a cheating case, calling it an “abuse of the legal process.” The court said that continuing the trial in such a situation would cause injustice. This decision shows the court’s dedication to stopping unfair legal actions.
New Delhi: The Supreme Court quashed an FIR against a foreign national accused of failing to pay Rs. 9 crore to a company involved in a development project.
A bench comprising Justices C T Ravikumar and Sanjay Kumar set-aside an August 2020 decision by the Allahabad High Court that had denied relief to the accused, Kim Wansoo, stating that the FIR contained vague allegations.
The court noted that requiring Wansoo to stand trial under such circumstances would constitute an abuse of legal process, and failing to intervene could lead to a miscarriage of justice.
In its ruling, the Supreme Court dismissed the FIR registered at a Meerut police station and stayed any further legal proceedings. The allegations claimed that Wansoo, the project manager for Hyundai Engineering and Construction India LLP, and other co-accused had colluded to avoid making payments following an agreement with a subcontractor for manpower.
Hyundai Motor India Limited initially awarded the construction contract to Hyundai Engineering & Construction India LLP, which then subcontracted the work to various companies. The FIR, filed in 2020, included several charges under the IPC, such as conspiracy, cheating, and criminal breach of trust, against Wansoo and others.
In response to the FIR, Wansoo stated that he had provided relevant documents to the investigating officer but was still requested to submit additional documents that he did not possess.
The apex court pointed out that no specific accusations were made against either Wansoo or his employer.
The court stated,
“A scanning of the subject FIR would reveal that after making some allegations, the complainant sought the registration of a case against the persons named therein, including the appellant, to assist in recovering the mentioned amount.”
Consequently, the bench concluded that even if the remaining allegations were accepted as true, they still failed to establish an offense.
It emphasized that compelling the appellant to face trial under these conditions would be an abuse of legal process, leading to a potential miscarriage of justice if the court refrained from quashing the FIR and staying further proceedings.
Cheating, as described in Section 415 of the Indian Penal Code (IPC), means tricking someone on purpose to make them give up property, keep property, or do something they normally wouldn’t do. To prove cheating, there must be proof of deception, convincing someone to act, and causing harm or loss. Under Section 417 IPC, basic cheating can lead to up to one year in jail, a fine, or both. For more serious cases, like cheating to get property or valuables dishonestly, Section 420 IPC allows for punishment of up to seven years in jail and a fine. Even trying to cheat is a crime.
A victim can file an FIR where the cheating happened or where they live, along with proof like documents or messages. Criminal cases deal with cheating done with bad intentions, while civil cases are for breaking agreements without bad intent.
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