Order 2

Order Details: Copy of Document.
Pdf Text: C.C.No.170/SS/2020
CW-02 Exh.38
CW-02
I solemnly affirm on oath that -
My name is Vibhesh Shailendrakumar Chandra.
Age : 43 years,
Occupation : Chief Manager, Union Bank of India, Mahim branch,
R/o. Pawai, Mumbai.
Examination-in-Chief of CW-02 by adv. Ali Saheb Shaikh for the
complainant :
1. Today I am present to depose on behalf of the bank as per the
witness summons. I am working as a Branch Head in Union Bank of India,
Mahim branch since March 2024. Today I have brought my identity card
with me. I have also brought the certified copy of Account Extract in
respect of account of Mr.Fransis Albert Pareira. I have also brought photo
copy of cheque of Fransis Pareira dated 25.10.2019 and cheque return
memo dated 02.12.2019. The certified copy of account extract dated
30.12.2024 bears my signature and seal of the bank. It is marked Exh.40.
2. Mr.Fransis Albert Pareira was having bank account with Andhra
Bank, Mahim branch. Andhra Bank is merged with Union Bank of India.
The cheque No.065830 dated 25.10.2019 was deposited by Mr.Fransis
Albert Pareira in Andhra Bank, Mahim. The same was returned unpaid for
reason ‘Funds Insufficient’. Now I am shown cheque Exh.23. The cheque
is the same cheque which was deposited in Andhra Bank and dishonoured.
Now I am shown cheque return memo Exh.24. It is the same which was
issued alongwith the dishonoured cheque. The cheque return memo is
computer generated memo issued by earlier Andhra Bank. The contents of
account statement submitted by me are true and correct.
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2 C.C.No.170/SS/2020
CW-02 Exh.38
Cross examination by Adv. Nadim M.S. Shaikh for the accused:
3. Right now I do not possess the copy of Notification as to merger of
the Bank. It is true to say that the account statement Exh.40 produced by
me is a Computer Generated statement. It is true to say that the data of
Union Bank used to be stored in particular server. It is true to say that I do
not have access to said server. It is not true to say that in statement Exh.40
the cheque number is not mentioned. It is true to say that disputed cheque
is six digit number cheque. It is true to say that in column 4 of the
Account Statement only five digit number of the cheque is mentioned. It is
true to say that the cheque return memo Exh.24 also bears only 5 digits. I
can not tell whose signature is on cheque return memo dated 02.12.2019.
It is true to say that as per the Statement of Account produced by me at
Exh.40, the cheque is dishonoured on 29.10.2019. It is not true to say that
today I am deposing at the instance of complainant.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 27.02.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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