A bench led by Justice C K Prasad refused to quash the criminal proceedings against Kun-Hee in a $1.4 million cheating case and asked him to present himself before the trial court to seek bail or excuse from appearance in person. The non-bailable arrest warrant issued by the court has however been suspended for six weeks.
The warrant of arrest issued against the petitioner shall not be executed for a period of six weeks from today. In the meanwhile, the petitioner shall appear before the trial court in seisin of the case and seek bail and/or exemption from appearance in accordance with law, said the bench.
The Ghaziabad trial court had first issued a non-bailable warrant against Mr Kun-hee in 2012 after which Samsung's boss had approached the Allahabad High Court for relief.
The High Court declined to quash the case and termed Kun-hee as an absconder and a fugitive. The company then moved the Supreme Court against this order. The SC had in June 2013 stayed the order of his arrest but eventually found no merit in his case to interfere with the trial court proceedings at this stage.
The Special Leave Petition is dismissed. We make it clear that we have not expressed any opinion in regard to the merit of the case, said the court in its order on March 31.