Order 5

Order Details: copy of Notes of Evidence
Pdf Text: 1 C. C. No. 169/SC/2023
Exh. 38
Deposition of D.W. NO. 1 for the accused (D.W. 1):
I do hereby state on solemn affirmation that :-
My name is : Radhika Vijay Wasvani
My age is : 32 years, My occupation : Service
My residence is :. Chembur, Mumbai
Examination-in-Chief by Advocate Sunaina Chakrawaty for the accused.
Since 2019, I am working in Equinos Lab and having
documentary proof in respect of my service. On 08/10/2022,
complainant came to my house, when I enquired, he told that, on behalf
of Dilip Gupta of Balaji Finance, he is Collection Executive. At that time,
I told him that, I have paid the amount. However, he argued and taken
my Television. I have taken only Rs.9,500/- from Dilip Gupta by
deducting amount of Rs.500/- as a service charges. I have no direct
financial dealings with complainant Gulab Singh. I have visited Dilip
Gupta at his office through one of his agent for personal loan on
28/04/2022. Complainant is collection agent of Dilip Gupta. I have
handed over disputed cheque Exh. 17 to Dilip Gupta as a security for
personal loan. I have not signed promissory note Exh.16. I have not
filled up the contents of disputed cheque Exh. 17. I have given blank
cheque. Prior to presenting the disputed cheque Dilip Gupta never
informed me. I have filed police complaint against Gulab Singh and
Dilip Gupta at RCF Police Station after complainant took my television.
The disputed cheque Exh.17 is misused. I have not received any legal
notice from the complainant. I am unable to recognize the signature on
acknowledgment card Exh.24. I am residing with my mother and
brother. I can produce their signature for verification. Their signature do
not match with the signature on acknowledgment card Exh. 24. My
mobile number is 9137605063. I am single,however, complainant made
averment in the complaint that, I came with my husband.
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2 C. C. No. 169/SC/2023
Exh. 38
Cross-examination by Advocate N. S. Wankhade for the complainant.
2. Accused came to my house at about 05:30 p.m. to 06:00 p.m. My
office is situated at Navi Mumbai. It is true to say that, complainant never
visited me at my office. I have no documentary proof regarding
complainant is acting as Collection Agent of Dilip Gupta. It is not true to
say that, complainant never took my television from my house. It is not
true to say that, I abused the complainant when he demanded back the
loan amount. It is true to say that, I have called complainant from my
mobile No. 9137605063 when he demanded amount. It is not true to say
that, I have also called the complainant from mobile NO. 7506495089. I do
not know whether complainant has registered NC Case at Ghatkopar Police
Station when I abused him. I do not know Prakash Pande. It is not true to
say that, complainant handed over amount of Rs.1,00,000/- as a loan in
presence of Prakash Pande. I have given the disputed cheque Exh.17 to
Dilip Gupta on 20/04/2022. It is not true to say that, I have given the
disputed cheque Exh.17 to the complainant with all details on it. It is not
true to say that, I have not given the disputed cheque Exh.17 to Dilip
Gupta. It is not true to say that, promissory note bears my signature. It is
not true to say that, I have taken the loan from complainant. It is not true
to say that, as I do not want to return the loan I am deposing falsely.
Cross-examination over. R.O.A.C.
No Re-examination.
[G. M. Charankar]
Date : 21/04/2026 Judicial Magistrate (First Class),
73rd Court, Vikhroli, Mumbai.
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