Interim Order 2

Order Details: Copy of Document.
Pdf Text: 12 C.C.No.143/SS/2020
CW-1 Exh.24
12. 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 : 23.04.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Sukhdev Singh Gujral by advocate
Mr. Ashish Upadhyay for the accused :
13. My father original complainant is doing business of sell
and purchase of second hand cars since last 15 years. There is no firm
or particular name of business for selling and purchasing old cars. We
are running said business at Shop No.2, Dharvesh Royal Building,
Basement 1, Turner Road, Bandra (W), Mumbai. We are doing business
for more than 15 years from said place. There is no shop or show room
at Delhi belonging to my father for said business. It is true to say that
accused is nephew of complainant. It is not true to say that my father
has filed civil suit for ancestral property against mother of the accused
at Bombay High Court. Cousin of my father that is my uncle has filed
said suit. It is true to say that my father has filed civil suit for ancestral
property at Delhi. The suit was filed at Delhi in the year 2012 and still
pending. I do not know from which year the litigation before Hon’ble
Bombay High Court is pending. I do not know in which name or name
of firm accused used to do the business of selling and purchasing old
car. I do not know since when the transaction of dealing of old cars
were going on in between my father and accused. Even I can not tell
approximate number of years. I do not know whether we are
maintaining records of sell and purchase of the old cars.
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14. We are obtaining Original RC book, Tax Receipt, Insurance,
Form No.29 and 30 that is Vehicle Transfer Form and Sale Letter while
purchasing the old car from the car owner. I have no idea whether any
Sale Letter executed in our name on purchasing old car. Same
documents as above are used when the car is sold.
15. Now I am referred paragraph No.4 of complaint. It will
not be correct to say that water logged car means a total lost car. I do
not have any idea from where the vehicle mentioned in paragraph
No.4, bearing No.DD-03-H-2907 was insured. We have purchased said
car from M/s.Nirshilp Commodities and Trading Pvt. Ltd. and not from
any insurance company. It is true to say that I have not produced any
documents pertaining to purchase of said car or their photo copies in
the proceeding. I can not produce any document of purchase of said
car. It is true to say that I have not produced any document to show
that Rs.3,50,000/- were spent from our side and paid for repairs of said
car. I do not have any whats app messages or proof of communication
in respect of offering said car for sale to the accused. I have no idea
with whom from the officials of M/s. Nirshilp Commodities and Trading
Pvt. Ltd. I met for purchasing the said car.
16. Now I am referred to para 6 of my complaint. It is true to
say that I have not give details and description of payment transferred
by us to the owner’s account or vis-a-versa by the accused to the
account of owner. It is true to say that I have not produced any bank
statement or other documents in that respect. I do not know where the
office of M/s. Nirshilp Commodities and Trading Pvt. Ltd. is located. I
do not possess any document to show that said car after repairs was
transported to the accused at New Delhi. I do not have any idea as to
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how the car was sent to the accused at New Delhi. It is true to say that
said car is registered with transport department at Daman. It is true to
say that the registered owner of said car is having its office at Daman.
17. I do not know the name of buyer of vehicle to whom it was
transferred as averred in para 9 of the complaint.
18. I am the only son of Mr. Jangbahadur Singh Gujral. I was
not present at the time of sale of vehicle. Generally as a practice of
business we used to take payment of the sold car on the date of
handing over the possession of vehicle and form No.29 and 30. I do not
know name of father of Mr. Punit Suri whose name is reflected in para
8 of my complaint. It is true to say that I have not given any details as
to where he is working as a dealer of old cars. It is true to say that I
have not mentioned his name as a witness in witness list of my
complaint.
19. I do not know that my father and accused had purchased
one Mercedes car Model GLS 350 from M/s. M.Phone Electronics and
Technologist Pvt. Ltd. for a sum of Rs.29,50,000/- in the month Oct.
2018. I do not know that out of Rs.29,50,000/- my father had
transferred Rs.14 lakhs from his or friends account to the account of
owner of the car. I have no idea that despite receiving payment, M/s.
M.Phone Electronics and Technologist Pvt. Ltd. had not given delivery
of said vehicle at Calicut. I have no idea that said deal was proposed by
the accused. I do not know that due to not delivering vehicle at Calicut,
the payment was stuck. I have no idea that for that purpose accused
had given two undated signed cheques worth Rs.10 lakhs and Rs.3
lakhs to my father. I do not know that mother of the accused had
transferred Rs.11,50,000/- vide cheque No.951673 drawn on South
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Indian Bank Ltd. to the account of my father on 03.11.2018 for
settlement of the account in respect of aforesaid car. It is not true to say
that despite receiving payment my father has not returned those
cheques and misused it. It is not true to say that mother of the accused
refused to make settlement at the terms of my father in respect of
ancestral properties and as such my father misused those cheques.
20. I have no document with me to show that the vehicle
referred in the complaint was sold for Rs.26 lakhs. The accused himself
handed over disputed cheques to me at his home. It is true to say that I
have not stated particularly above fact in my complaint and evidence
affidavit as to receiving those cheques by me. I do not remember the
exact date of delivering the cheques to me. It is true to say that I have
not mentioned the date of delivery of the those cheques to me in my
complaint and evidence affidavit.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 23.04.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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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 : 23.04.2025.
Transcribed and Typed on : 23.04.2025.
Order printed and Signed on : 23.04.2025.
Order Uploaded on : 24.04.2025.
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