Order 1

Order Details: Copy of Evidence
Pdf Text: C.C. No.4301102/SS/2019 ...01... Date: 09/01/2023.
P.W. No. 1 on S.A.
After setting aside no crossexamination order, crossexamination of P.W.
No.1 Vijay Kadam on oath, on behalf of accused by Advocate Shri.Shardul
Chandane :
1. In the year 2018 I was introduced to accused No.1. He was
introduced to me by my friends. I was introduced with accused No.2 in the
year 2018 itself. She was also introduced to me by my friends. Before the
disputed transaction, we did not have any monetary transaction with each
other. Accused No.1 is working as an estate agent. I am unaware about
occupation of accused No.2. I again say that accused No.1 is doing
freelancing. I do not know about his any other occupation. I have not seen
any license of the business of accused No.1. Accused did not assure me about
share in profit of this business.
2. In the year 2018, I had advanced an amount to the accused. I
do not remember month in which it was advanced. I had advanced
Rs.5,00,0000/ on one occasion and Rs.2,00,000/ on another occasion to the
accused but I do not remember its dates. Accused had drawn two cheques for
repayment of amount to me. Both the cheques were drawn on single date. I
do not remember the date of issuance of cheques to me. I had been to the
house of the accused to collect the cheques. At that time no other witness was
with me. My source of income is from driving OlaUber vehicle. I had given
currency notes of Rs.500/ and Rs.1,000/ to the accused. The accused had
informed me about his need in advance, therefore, I had managed to avail
that amount. I do not remember how much amount was availed from savings
and how much was borrowed by me from others. I do not file income tax
returns.
3. I know Dr.Prashant Ranade since about last 10/12 years. I
had obtained Rs.7,00,000/ from Dr.Prashant Ranade in cash. I paid
Rs.7,00,000/ to the accused at once. I paid that amount to accused Nos.1
and 2 together at their house. I do not remember the date of advancement of
Rs.7,00,000/ to the accused. I do not remember denomination of currency
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notes of Rs.7,00,000/ given to the accused. Dr.Prashant Ranade did not
obtain any writing from me at the time of advancement of Rs.7,00,000/ to
me. I did not get any loan agreement or promissory note from the accused. It
is true to say that disputed cheques were obtained by me at the time
advancement of amount to the accused. Accused told me to write my name
and date on the disputed cheques and thereafter, they have put their
signatures thereon and handed it over to me. My name, dates and amount
was written by me on disputed cheques. I do not remember whether or not
same pen was used by me for writing the body by the accused for putting
their signatures on disputed cheques. I did not see income tax returns or any
other property of accused No.2 before advancement of loan amount. Amount
was lent to the accused for the period of one year. I do not remember for how
many period I waited for accused tor refund the amount. I had informed the
accused about presentation of cheque on phone. I do not remember the date
on which I had informed the accused about the presentation of cheques.
Cheques were not obtained in the present of my friend or witness. I am aware
that parents of accused No.1 go to their native place occasionally. I do not
know that for the convenience of accused No.2 accused No.1 used to keep his
signed cheques at his home. I had been to the house of accused during
monsoon season. I am unaware that house of the accused is usually flooded
due to adjacent nala during monsoon season. It is not true to say that accused
requested me to keep their valuable documents with me to save it from flood
during monsoon season.
Crossexamination is completed.
No reexam ination.
R. O. A. C. Before me,
kdc
Mumbai.09/01/2023.
( S. D. GAWADE )
Metropolitan Magistrate,
43rd Court, Borivali, Mumbai.
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