Order 1

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.24/SS/2020
CW-1 Exh.8
17. 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 : 13.02.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Kiran Nigudkar by advocate Mr.
B.L.Jagtap for the accused :
18. I know accused since year 2014. Accused came in my
contact through his friend Suyash Sonawane. I also know wife of
accused as she used to come with him. In the year 2014 I was running
business of tours and travels. I came in contact with Suyash Sonawane
in hospital. There is no monetary transaction in between me and
Suyash Sonawane. Accused and his wife is not my blood relatives. They
are not of my cast. Giving money on interest that is money lending is
not my business. I have not given money till date to anybody on
interest. It is true to say that I have filed criminal complaints under
section 138 of Negotiable Instrument Act against number of persons at
Bandra Court. It is not true to say that I have also filed cases at Andheri
court against so many persons for dishonour of cheque. I have not filed
case against Satyawan Prakash Sukali at 48 court of Andheri vide
C.C.NO.205/SC/2024. My advocate is M.Mozes for various cases filed
by me at Bandra court. I have not filed case against Mrs. Rehana
Tyabali Shabdi at Court No.44, Andheri vide C.C.No.3007/SC/2023. I
do not know that advocate Anita Sawalkar has filed said case on behalf
of me at Andheri Court. I have not filed case against Naredra Pitale
and Yogesh Pitale at Court No.43, Borivali vide C.C.No.199/SC/2022.
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I am not facing any criminal case. It is not true to say that
C.R.No.306/2000 u/sec.325, 504, 34 of Indian Penal Code is registered
against me at Vakola Police station. It is not true to say that said case is
registered as 1708/PW/2005. It is not true to say that at Naupada
Police Station Thane the crime No.409/2018 is registered against me
for the offence u/s.420, 465, 467, 468, 471, 34 of Indian Penal Code. It
is not true to say that in connection of said crime I had applied for
anticipatory bail before Sessions Court Thane but it was rejected. I do
not know whether charge sheet is filed against me at respective court. I
am not knowing Sandeep Dhure, Pramod Ranim and Anil Patil. I do not
know that said case is filed by wife of accused named Nivedita Borade
against me.
19. I am maintaining bank account at Citizan Co-operative
Bank, Vakola, Mumbai Madhyavarti Bank, Vakola, SBI, Vakola. All
accounts are in the name of Kiran Prabhakar Nigudkar. I possess
document with me to show that I had given Rs.21 lakhs in cash to
accused and his wife. I have produced the affidavit notarized and made
by the accused in the proceeding. The document is not produced on
record but I will produce it.
20. I have not shown the amount of Rs.21 lakhs given in cash
in my Income Tax Returns but my C.A. has taken account of said fact in
the Income Tax Returns. Now I am shown para 3 of affidavit filed by
me on oath as a verification statement at the time of filing complaint. It
is true to say that in said paragraph I have stated that accused gave
undertaking to repay the amount within one year and after one year
issued cheque bearing No.516067 of Rs.10 lakhs as a part amount to
me for discharge of liability. Said portion in the affidavit of verification
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Exh.4 is marked as Portion Mark-‘A’. It is true to say that said portion of
portion mark-‘A’ is written as per my instructions by my advocate and
the same are true and correct. It is not true to say that I had assured
the wife of accused to get the loan after 2014. It is not true to say that I
processed the loan of wife of accused with the help of Pramod Ranim,
Anil Patil. Witness states that he do not know who are said persons. I
do not know that wife of accused was to purchase home. It is not true
to say that I sold the flat of Sandeep Dhure to the wife of accused. I do
not know who is Sandeep Dhure. It is not true to say that I processed
loan against said flat. It is not true to say that I got sanctioned loan
from finance company in the name of Sandeep Dhure. It is not true to
say that I obtained the cheque of housing loan in the name of Sandeep
Dhure from the finance company. It is not true to say that subsequently
I and other four persons opened a factitious account in the name of
Sandeep Dhure at Bombay and got said cheque of Housing loan
encashed. I do not know that wife of accused came to know about said
housing loan against the flat purchased by her when the finance
institution sent notice to her and started deducting installments from
her account. It is not true to say that on approaching of wife of accused
to me I gave her two cheques of my account for Rs.11 lakhs each and
asked her to deposit it with assurance of clearance. It is not true to say
that I also asked her to issue two cheques for Rs.11 lakhs each from her
account to be paid to Sandeep Dhure. No such incident has ever
happened in between me and wife of accused.
21. Now I am shown two cheques worth Rs.11 lakhs each
dated 05.02.2016 and 05.03.2016 issued by proprietor of Noori
Enterprises drawn on Citizen Co-operative Bank, Vakola branch. Both
cheques referred in cross examination by the accused. The cheques are
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marked at Exh.24 and Exh.25 respectively. It is not true to say that said
two cheques are given by me to the wife of accused Nivedita Borade. It
is true to say that I am Proprietor of Noori Enterprises but I have not
given said cheques to her. Both cheques are misplaced from my cheque
book. It is true to say that the cell phone No.9869637073 written on
back side of both cheques is my mobile number. Witness volunteers that
I had written both numbers with a view if cheques are misplaced or lost
the finder of the cheque would call me. I have not made complaint to
Police station for said missing cheques. As there was no name of payee
mentioned I just informed to the bank as to misplacing of two cheques.
22. I do not know that Nivedita Borade has filed two written
complaints of cheating against me on 10.06.2016 and 28.06.2016 at
Vakola Police Station. It is not true to say that in the month of March
2016 I took Rs.5 lakhs in cash from the wife of accused that is Nivedita
Borade. It is not true to say that for indicating the bank entry I
transferred said Rs.5 lakhs to her account from my account on
14.03.2016. I do not know that Nivedita Borade has also filed
complaint for cheating against me at Virar Police Station. It is not true
to say that Vakola Police called me and recorded my statements. I never
went to Vakola Police station. It is not true to say that I myself told to
Vakola Police that said flat is situated within the Jurisdiction of Virar
Police Station and as such the matter does not fall within their ambit. I
again say I never went to Vakola police station. It is not true to say that
therefore, crime is registered against me at Virar Police station. I do not
know said crime was transferred and assigned to Naupada Police
station by the police of Virar Police station. It is not true to say that
after filing complaint my wife of accused my relations with them were
strained.
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23. It is true to say that in para No.5 of my compliant I have
stated that accused started threatening me being working in police
department. It is true to say that in said para I also stated that accused
threatened me to file false complaint against me through his wife and
at last issued me cheque No.516067 of Rs.10 lakhs as part amount. I
have not made complaint for threatening to me by the accused. It is
false that the police of Thane are searching me since year 2016. It is
not true to say that after filing complaint by wife of accused in the year
2016, the accused and his wife never met me. No such complaint is
filed against me. The accused transferred from Airport Police station to
Local Arms Police station, Naigaon in the year 2016 and as such
thereafter we have not met with each other. It is not true to say that the
contents of para 6 of my evidence affidavit stating that accused issued
cheque dated 24.12.2018 worth Rs.10 lakhs in my favour for
repayment etc. is false.
24. It is not true to say that Suyash Sonawane had obtained
loan from me in the year 2014. It is not true to say that out of his
friendship I gave loan of Rs.1,50,000/- to the accused in the year 2014.
I had helped him. It is not true to say that against said amount I took
cheque of account of accused No.516067 which was blank without his
signature. It is not true to say that accused returned me said amount of
Rs.1,50,000/- within two months. It is not true to say that accused
demanded his said cheque time to time to me but I have not returned
it. It is not true to say that as we have cordial relations since year 2016,
I have not returned the cheque giving false reasons that it is misplaced
and I will return it when found to me. It is not true to say that I kept on
promising him to return the cheque. It is not true to say that after
reregistration of crime against me on 08.12.2018, I deposited the
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cheque of accused making duplicate signature of accused in the bank
for realization. It is not true to say that I have presented said cheque in
order to take revenge against him. It is not true to say that I have not
given any notice to the accused after dishonour of the cheque. I do not
know that accused has informed his bank not to make payment on
deposit of subject cheque No.516067. It is true to say that the cheque
returned unpaid for the reason of making stop payment by the drawer
that is accused. It is not true to say that the signature on cheque Exh.10
is not the signature of accused. It is not true to say that the hand
writing as to the contents of said cheque is also not the handwriting of
accused. It is not true to say that I have filed false case against the
accused on the basis of the cheque which is not signed by him. It is not
true to say that I am deposing false on oath. It is not true to say that
accused is not liable to make any payment to me.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 13.02.2025 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 : 13.02.2025.
Typed on : 13.02.2025.
Evidence printed and Signed on : 13.02.2025.
Order Uploaded on : 13.02.2025.
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