Order 4

Order Details: Copy of Document.
Pdf Text: 10 C.C.No.135/SS/2020
CW-1 Exh.15
16. 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 : 22.11.2024 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mr. Sanjeev Tejwani by advocate
R.R.Sharma for the accused :
17. Vivek is my son and he is working at United States of
America. He is serving with Microsoft Corporation at Ceatal, USA since
year 2018. Prior to that he was serving in India. I do not know the
names of companies in which he has worked in India. It is true to say
that I am not aware about income and expenditure of my son Vivek
Tejwani. I do not remember since when Mr. Vivek is working in various
companies in India at Delhi and other places.
18. I am retired from my business. I was also doing job at some
point of time. I am retired since last three years. Still I am doing job of
consultancy if anybody phone calls me. My business was in respect of
doing chemical coating on the paper. I am Mechanical Engineer and
doing Consultancy in same field.
19. I do not intend to file any other documents than the
documents produced on record alongwith evidence. If necessitated and
advised by my lawyer I may examine any witness. It is true to say that
the transaction mentioned in the complaint is done by my son and not
by me. It is true to say that whatever stated by my son to me, I am
deposing the same. I never visited the place addressed at 111C,
Government Industrial Estate, Hindustan Naka, Kandivali (W),
-- 1 of 6 --
11 C.C.No.135/SS/2020
CW-1 Exh.15
Mumbai. It is true to say that so also I have never visited the address at
32 Ropani House, Juhu Scheme, Mumbai. I do not remember whether I
have not produced any document which will indicate that accused
received the money from the complainant. I again say that there is Bill
of Exchange which shows that accused has received the money from
the complainant. I do not remember whether accused had not given
any covering letter with the cheque.
20. Vivek has given money only to 2-3 friends. He was not
charging interest on the given money. No interest is charged in present
transaction. Only some interest was paid by the lady accused on
delayed payment. I do not remember what was the rate of interest for
delayed payment.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 22.11.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 2 of 6 --
12 C.C.No.135/SS/2020
CW-1 Exh.15
Date : 07.05.2025
Resumed on S.A.
Further cross examination of CW-01- Mr. Sanjeev Tejwani by advocate
R.R.Sharma for the accused :
21. I do not know the name and address of the persons to whom
complainant has lent money. I am not adopting practice of giving my
personal money to anybody in the form of either friendly loan or any sort
of loan. I do not know at what rate of interest the money was lent. No
interest was charged. I have not seen or verified bank account statement
of my son. I have not seen his account statement given for calculating
Income Tax. Now I refer Para 2 of Affidavit of evidence. It is not true to
say that I have made false statement in para No.2. It is not true to say that
I have not produced any document in support of statement made by me in
para 2 of my affidavit in lieu of examination in chief as to advancing
Rs.2,50,000/-. I have produced bank account statement. It is not true to
say that I have not produced any document in support of statement made
by me in para 3 of my evidence affidavit. It is not true to say that accused
has not issued any cheque referred to para 4 of evidence affidavit to the
complainant. It is not true to say that I have made false and concocted
statement in para 5 of evidence affidavit. It is true to say that I have not
produced any document to show making demand of money to the accused
by complainant prior to statutory demand notice.
Cross examination is deferred till next date as Court recess time.
R.O.A.C.
(M. P. Saraf)
Date : 07.05.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 3 of 6 --
13 C.C.No.135/SS/2020
CW-1 Exh.15
Date : 11.09.2025
Resumed on S.A.
Further cross examination of CW-01- Mr. Sanjeev Tejwani by advocate
R.R.Sharma for the accused :
22. It is true to say that Kavita Rupani never met either me or
my son who is complainant. It is true to say that she never gave any
assurance to me or my son Vivek, complainant. It is not true to say that
I have not filed Bill of Exchange dated 28.03.2017. I am not sure. I will
have to check my papers. I again say it is not produced on court record.
It is not true to say that no such documents are given by the accused to
me or complainant and as such I have not filed it on record. It is not
true to say that banker has not issued any bank account statement to
me. It is not true to say that bank statement Exh.17 produced by me is
false and fabricated. It is not true to say that I have not filed any
document showing accused has received money under her signature. It
is not true to say that accused had never issued post dated cheque
either to me or complainant. It is not true to say that I have made false
and concocted statement in para No.5 of my evidence affidavit.
Complainant made demand through the friend of the accused through
whom money was given on phone. It is true to say that complainant
has not issued any letter of demand in writing. It is true to say that I
was not available when phone call was made to the accused. It is not
true to say that the statement made in para 6 of my evidence affidavit
is false and fabricated. It is not true to say that statement made in para
7 of my evidence affidavit is false. It is not true to say that disputed
cheque was never dishonored. It is not true to say that cheque return
memo Exh.19 is false and fabricated document. It is not true to say that
-- 4 of 6 --
14 C.C.No.135/SS/2020
CW-1 Exh.15
I have made false statement in para No.8 of my evidence affidavit. It is
not true to say that demand notice was never sent to the accused. It is
not true to say that accused has not received demand notice. It is true
to say that there is no signature of accused on acknowledgment card
Exh.24 and Exh.25 and Exh.26.
23. It is not true to say that complainant never advanced any
loan to the accused. It is not true to say that accused has never issued
any document in receipt of loan. It is not true to say that accused never
issued cheque Exh.18 towards any liability to the complainant. It is not
true to say that I am not aware anything about the case and I am
deposing false.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 11.09.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 5 of 6 --
15 C.C.No.135/SS/2020
CW-1 Exh.15
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 : 11.09.2025.
Transcribed and Typed on : 11.09.2025.
Order printed and Signed on : 11.09.2025.
Order Uploaded on : 11.09.2025.
-- 6 of 6 --