Order 3

Order Details: copy of Notes of Evidence
Pdf Text: 1 C. C. No. 169/SC/2023
Exh. 6 contd.
C.W. No. 1 on S.A
In view of application for recalling of witness vide Exh. 30 and order
thereon, cross-examination for the accused by Ld. Adv. Sunaina
Chakravarty :
I am in a business of relating to CCTV cameras. I was not in
the service of Balaji Finanace. I supplied CCTV cameras and I was
providing it’s service to Balaji Finanace. From my total income I can
save Rs.50,000/- to Rs.60,000/- per month. As I was working in the
Siddhi Vinayak Infotech I got acquainted with the accused. I know the
accused since 2020. I did not know the age of the accused. Therefore,
on the basis of Aadhar Card I have mentioned age of the accused in the
notice and complaint. I can produce zerox copy of Aadhar Card of the
accused. I was unaware about the reason as to why the accused was
visiting to Siddhi Vinayak Infotech. Our relations are just on the talking
terms and therefore I helped accused. It is true to say that, I have not
mentioned it’s specific details in the complaint. I do not know the exact
address of the accused. Accused is residing with her brother and
mother. Yog Waswani is brother of the accused. It is not true to say that,
in the N.C. Case I have described Yog Waswani as a Husband of the
accused. Prior to transaction 7-8 times I have visited to the accused. I
can’t tell the exact date when the accused demanded the amount. On
20/04/2022, I have handed over the amount to the accused at
Ghatkopar. At that time, Prakash Pande was with me. It is true to say
that, I have not mentioned name of Prakash Pande in the complaint. At
that time, accused was not accompanied by anybody else. At the time of
lodging N.C. case report Advocate was not with me. I cannot assign any
reason as to why there was averment in the N.C. that accused was
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2 C. C. No. 169/SC/2023
Exh. 6 contd.
accompanied with her husband. I cannot recollect the timing when
accused collected amount from me. I am not having any call record or
message in respect of conversation with the accused. I am not having
any evidence about the meeting with the accused. I have handed over
Rs.1,00,000/- to the accused on 20/04/2022. I have taken promissory
note and cheque from the accused. I have collected the amount of
Rs.1,00,000/- from my ‘
Bhishi’.
2. Recently since last three years I am filing my income-tax
returns. I have not shown the loan amount in my ITR. I am unaware
about transaction above Rs.20,000/- needs to be shown in the ITR
otherwise it is punishable offence. I have no call recording of the
accused about the fact I have demanded amount from her. Accused
assured me about return of amount within 6-7 months. Promissory note
was signed by the accused on the same day on 20/04/2022. At that
time Prakash Pande was with us. It is not true to say that, signatures on
promissory note and cheque are different. I have no objection to send it
for forensic examination and handwriting expert. Prior to issuance of
notice I have not taken any legal action against the accused. I do not
remember the date of lodging report against the accused. I am not
recollecting the avements in the N.C. that was in respect of threats
given and abusing by the accused to me. Police have not called the
accused to police station. As per the instruction of the accused I have
deposited the cheque. I have not called the accused after dishonour of
the cheque. I have no proof about the call. I am not recollecting the date
of issuance of notice to the accused. The notice is served on accused.
The notice is issued through India Post Office Service. I have given the
receipt in the matter.
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3 C. C. No. 169/SC/2023
Exh. 6 contd.
3. I am unaware about the fact that whose signature on A.D.
Card (Exh. 24). I know the Dilip Gupta through my earlier employer. I
do not know about the conversation between Dilip Gupta and accused
that, he is handing over disputed cheque to you. After six months, I
visited to the house of accused as she called me for returning the
amount.
Further cross-examination is deferred on oral request of Ld.
Advocate for the accused.
R.O.A.C.
sd/-
[G. M. Charankar]
Date :18/09/2025 Judicial Magistrate (First Class),
73rd Court, Vikhroli, Mumbai.
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4 C. C. No. 169/SC/2023
Exh. 6 contd.
C.W. No. 1 on S.A
Further cross-examination for the accused by Ld. Adv. Sunaina
Chakravarty :
4. I am having mobile number of accused. She is using
8976974302. I have called the accused on the above number. I have not
informed
BHISI members about dishonoured of cheque. I do not used to
give loan to other person.
Q. Total eight cases of cheque bounce are filed in this Court?
Ans. I have not counted the number, my cheque bounce cases are
pending in the Court.
5. I am having money lending licence at present. On next date
I will produce the same in the Court. In the year 2024, money lending
licence is issued in my favour. On 20/04/2022 at about 02:00 to 03:00
p.m. accused came to meet me.
Cross-examination over.
No re-examination.
R.O.A.C.
[G. M. Charankar]
Date :29/11/2025 Judicial Magistrate (First Class),
73rd Court, Vikhroli, Mumbai.
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5 C. C. No. 169/SC/2023
Exh. 6 contd.
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