Order 3

Order Details: Copy of Evidence
Pdf Text: C.C. No.4300722/SS/2021 ...04... Date: 26/11/2025.
C.W. No.1 on S.A.
Further cross-examination of C. W. No.1 Rupin Shah on oath, on behalf
of accused by Advocate Shri.V. S. Pandey :-
8. I have not brought the copies of income tax returns. As I
was not asked to file those on record. It is not true that I have not
shown this transaction in income-tax and therefore, I have not brought
the income tax returns papers in the Court. It is not true that the
amount is not legally enforceable. It is not true that for that reason I
have not shown it in come tax. It is not true that therefore only I have
not filed income tax returns along with my evidence affidavit.
9. I have taken education upto 10th. I am 10th pass. However,
I am not able to produce my marks memo of 10th class. It is not true
that even I am not 10th pass and so I am not able to produce the marks
memo. In Poisar project there were more than 3000 hutments. I was
not given any written authority by the accused. I was attending the
office of the accused situated in Pratik Plaza building, Goregaon(W.). I
was visiting him near about daily. I am not having any record of daily
visit to him. It is not true that I am deposing false that I was meeting
him daily. In writing I was not assigned any work. Witness states that
work was assigned with a WhatsApp message.
10. I don’t know how many partners were there. It is not true
that the cheque was issued to me for security purpose after completion
of the project. It is not true that I have presented the cheque before
completion of the project, despite it was for security purpose. After
issuance of the demand notice, the accused has paid Rs.2,00,000/-. It is
not true that the accused has paid the amount legally recoverable. I
don’t know whether the project is incomplete till today. It is not true
that I have not properly done the work which was assigned to me. It is
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not true that due to my fault, the accused has suffered loss to the tune
of Rs.232 crores to Rs.250 crores. It is not true that on one cheque there
is overwriting and it was done by me. It is not true that I am deposing
false.
Cross-examination completed.
No re-examination.
R. O. A. C. Before me,
kdc
( S. A. KHALANE )
Metropolitan Magistrate,
43rd Court, Borivali, Mumbai
Date: 26/11/2025.
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