Interim Order 1

Order Details: Copy of Document.
Pdf Text: 18 C.C.No.181/SS/2020
CW-1 Exh.10
28. 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 : 06.12.2024 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mr. Gopal Ashappa Madival by advocate
Mr. T. V. Louis for the accused :
29. I am a driver by profession. I am serving with private
person named Mrs.Meher Krul since last 10 to 12 years. I have no other
income source than the salary out of driving. I am getting monthly
salary of Rs.23,800/-. It is not true to say that my wife was working
with accused. I am not doing business of lending money on loan. My
wife and accused are friends. Name of my wife is Vijayalaxmi. It is not
true to say that my wife is also giving loans. The loan was given by my
wife to the accused out of friendship. My wife has lent Rs.2 lakhs in
total to the accused. She gave Rs.1 lakh and later on Rs.50,000/- twice.
My wife has taken signed blank cheque from the accused while giving
money to her. It is true to say that I have used the blank signed cheque
given by accused to my wife in present case. It is not true to say that
accused has repaid the loan to my wife. I do not know whether my wife
used to take interest @ 5% per month from them.
30. It is not true to say that my wife was paid Rs.2,50,000/- in
cash on 16.09.2017 by the accused. It is not true to say that said
amount was paid in excess of monthly interest @5%. It is true to say
that accused had never taken loan from me. It is true to say that the
cheque in question was with the custody of my wife as a security
towards loan. It is not true to say that despite making request by the
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accused to return the cheque, my wife has not returned it. It is true to
say that two cheques were given to my wife. Both cheques were in my
name and signature. I do not remember the date of giving cheques by
the accused to my wife. I do not remember the date of giving loan by
my wife to the accused. It is true to say that cheque was given in the
year 2017 by the accused to my wife. Now I am shown cheque Exh.15.
It is not true to say that the name on the cheque Exh.15 is written by
me. I have only written the date on the cheque. The accused herself
had given cheque in my name and as such I deposited it in my account.
It is not true to say that my wife refused to return the cheque on my
instructions even after making payment by the accused. It is not true to
say that thereafter I started threatening accused. It is not true to say
that accused had given two blank signed cheques to my wife. Witness
states that his name was written over the cheques. It is true to say that
the cheque No.050911 was also given to my wife by the accused
alongwith cheque Exh.15 bearing No.050912. The other cheque might
be with my wife at home but accused never asked for returning the
cheque. I am not assessable to Income Tax. It is true to say that
Rs.30,000/- are reflected in my Passbook Exh.13 against the entry
dated 01.12.2014. It is not true to say that the cheque No.155377 vide
entry dated 01.12.2014 was given by the accused in favour of my wife
towards repayment of loan. It is not true to say that I used to deposit
the cheque obtaining in blank from the accused in my account. The
hand writing as to the name over the cheque Exh.15 is not my
handwriting. I have written only date on the cheque Exh.15. It is not
true to say that accused has repaid the loan in the year 2017. It is not
true to say that I have threatened the accused to deposit the cheque. It
is not true to say that the accused was not having any liability in the
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year 2019 and she had repaid all the amount of loan in the year 2017.
It is true to say that the bank has printed the Cheque on 26.02.2016. It
is not true to say that I have misused the cheque given to my wife. I do
not possess any receipt for showing giving money towards loan to the
accused. It is not true to say that I used to obtain blank signed cheque
while lending money. I do not remember the date of giving loan
amount to the accused. Rs.2 lakhs given to the accused was out of our
savings. On that day the amount of Rs.2 lakhs in cash was available
with us out of our savings. My wife might have demanded or asked the
accused to return the loan amount. My wife used to ask the accused to
return the amount of loan on phone. There was no written
communication in between my wife and accused in regards repayment
of loan. I do not remember the denominations of notes given to the
accused by my wife against the loan. I do not remember how many
bundles of notes were given to the accused. There are two bank
accounts in my family. One belongs to my wife and other bank account
is maintained by 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 : 06.12.2024 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 : 06.12.2024.
Transcribed and Typed on : 06.12.2024.
Order printed and Signed on : 06.12.2024.
Order Uploaded on : 06.12.2024.
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