Order 2

Order Details: Order Below EX 1
Pdf Text: 4 C.C.No.169/SS/2006
CW-2 Exh.27
8. Whatever stated by me in my evidence affidavit is true
and correct and in token thereof I have signed the affidavit.
(M. P. Saraf)
Date : 01.07.2025 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-02- Mr. Prathmesh Shankar Kavar by
advocate Mr. Jayesh Kanani for the accused :
9. I am MBA Graduate. It is true to say that HDFC Bank has
not received any summons in my name. I know Raj Shankar Teli past
three years. Right now Raj Teli is not working with HDFC Bank. He left
job in the month of May 2025. It is true to say that Mr. Dilip Arora that
is complainant had come to the branch of the HDFC Bank in the month
of May 2025 for preparing the affidavit in lieu of examination in chief
Exh.27. My Branch Operation Manager advised Mr. Arora to contact
Mr. Teli for preparing affidavit. I am not aware whether Raj Teli gave
information or not to the advocate for complainant for preparing
evidence affidavit. It did happen that Mr. Teli left the job before filing
evidence affidavit in the month of May 2025 and subsequently my
name was inserted.
10. The Branch Manager of Bank was having powers to
authorize any person to file evidence affidavit in the month of June
2025 in Santacruz (W) branch . It is true to say that invariably the
Branch Manager has to exercise such powers granting authority to the
employee to depose in writing.
11. I am acquainted with Dilip Arora since last 4-5 months.
Branch Manager had informed Dilip Arora that Mr. Raj Teli had left the
job and name of Mr. Prathamesh Kavar will be replaced in his place.
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5 C.C.No.169/SS/2006
CW-2 Exh.27
Dilip Arora had shown me original documents for the purpose of
preparing affidavit. In the month of May 2025 he had came to branch
with those documents. He provided me true copies of those original
documents.
12. Now I am shown paragraph No.2 and 6 of my evidence
affidavit. Originals of documents referred in paragraph No.2 and 6
were shown to me by Mr. Dilip Arora when he came to bank. Mr. Arora
disclosed me that the cheque referred in paragraph No.2 of my
evidence affidavit was dishonored.
13. I was never posted at Kandivali(E) branch of HDFC Bank. I
was posted first time in Santacruz (W) branch in HDFC Bank in the
month of March 2012.
14. Mr. Arora had not informed me that the drawer and payee
of cheque were having account in HDFC Bank, Thakur Complex,
Kandivali(E) branch only. It is true to say that I have not tried to search
the Bank account numbers of two accounts referred in paragraph No.4
of the evidence affidavit. It is true to say that I have not personally seen
pay-in-slip in the record of bank in respect of cheque referred in
paragraph No.3 of my evidence affidavit. It is true to say that for
making statements on oath referred to Paragraph No.3 to 6 of evidence
affidavit Exh.27, it is necessary for HDFC Bank to maintain
transactional documents. It is true to say that accuracy or correctness
of those statements in para No.3 to 6 of my evidence affidavit can be
verified only on the basis of those documents.
15. It is not true to say that I am not Dy. Manager in the HDFC
Bank, Satnacruz(W) branch. It is not true to say that branch Manager
of HDFC Bank, Satnacruz(W) branch has not authorized me either me
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6 C.C.No.169/SS/2006
CW-2 Exh.27
to depose or produce any document in the court. It is not true to say
that I allowed to score name of Raj Teli and insert my name only as I
know Mr. Dilip Arora. It is not true to say that only to maintained
relations I have put my signature on affidavit Exh.27.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 01.07.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
CERTIFICATE
I affirm that the contents of this P.D.F. file evidence are same, word to word as per
the original evidence.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 01.07.2025.
Transcribed and Typed on : 01.07.2025.
Order printed and Signed on : 01.07.2025.
Order Uploaded on : 02.07.2025.
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