Interim Order 2

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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Date : 19.06.2025
Resumed on S.A.
Further cross examination of CW-01- Mr. Gopal Ashappa Madival by
advocate Mr. T. V. Louis for the accused :
31. In the year 2013 I was getting Rs.12,000/- per month by
way of salary. In the year 2019 my salary was approximately
Rs.18,000/- per month. The amount came to be deposited vide entry
dated 01.12.2014 through clearing cheque No.155377 for Rs.30,000/-
in Exh.13 was pertaining to earlier transaction of year 2013.
32. Now I am shown photo copy of document of diary. It is true
to say that said entries written in the photo copy of diary for the month
of January 2011 is maintained by me. The hand writing on page No.17,
19 and 21 of the diary belongs to my wife. Witness admit the
document, hence, marked exhibit despite being a photo copy and as
original is with the witness. The photo copies of the pages of the dairy
in the custody of witness is marked Exh.36. My wife had given the
photo copy of said document to the accused writing dates. The amount
of Rs.1 lakh mentioned on the top of page No.17 of Exh.36 pertains to
giving Rs.1 lakh to accused Reshma. It is not true to say that we have
noted dates of interest @ 10% per month and accordingly, we were
charging interest @ 10% per month. Witness volunteers that rate of
interest per month was 5%. It is not true to say that the due dates of
making payment of interest was written in Exh.36 and on not receiving
payment I used to harass accused by making phone calls. It is not true
to say that the amount of interest used to be taken in cash by me and
my wife. It is not true to say that I used to take Rs.20,000/- per month
@ 10% interest per month from the accused. It is not true to say that
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the dates mentioned in Exh.36 pages of the diary are the dates on
which accused has made payment. Now I am shown verified copy of
passbook of account of Mr. Roshan Dagadu Pawar. It is true to say that
the amount of Rs.50,000/- was transferred to my account on
30.08.2013 by cheque number 111111 by him. The photo copy of the
passbook of bank account of Roshan Dagadu Pawar is marked Exh.37.
It is not true to say that the amount of Rs.50,000/- paid to me by
Roshan was towards payment of interest. I am native of Yadgiri, Dist.
Gulbarga, State of Karnataka. I do not remember whether I visited my
native place on 05.05.2017 by 9.30 train in Air Compartment. Now I
am shown a note book page dated 16.09.2017. It is true to say that the
signature on said page named Vijaya G.M. is signature of my wife. The
verified copy of said page dated 16.09.2017 is marked Exh.38. I have
not idea that Rs.2,50,000/- in cash was paid by accused to my wife
against loan on 05.05.2017 in presence of witness Nilesh Kothari who
has signed said page of Exh.38. It is not true to say that entire amount
is paid by the accused in cash to me.
33. My wife works in the clinic of Dr. Shobha Lele at Mahim. It
is not true to say that on 05.05.2017 the amount was paid in cash and
accused had demanded to return back the cheque. It is not true to say
that I refused to return the cheque saying that I do not know where it is
kept and I am in a hurry to go to my native place. It is not true to say
that accused has again asked to return the signed blank cheque to me
after returning from my native place. I do not know that my wife has
signed the receipt Exh.38 dated 16.09.2017 sitting in the clinic of Dr.
Lele at Mahim at 5.30 p.m. It is not true to say that at that time she
denied possessing said cheque with her and refused to return it. It is
not true to say that accused had given two signed blank cheques
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bearing No.050912 and 050911 to me. It is not true to say that both
cheques I have not returned to the accused after receiving payment. It
is not true to say that I have misused both signed blank cheques of the
accused. It is not true to say that I said to accused that we have lost
both cheques. It is not true to say that I asked the accused to pay me
Rs.20,000/- per month to return the cheques. It is not true to say that I
had asked to pay Rs.1 lakh but later asked to make payment of
Rs.20,000/- per month for returning the cheque. It is not true to say
that accused paid me Rs.10,000/- on 10.08.2018 under threat. I do not
know for said reason accused instructed her banker to make stop
payment of the cheques. It is true to say that subject transaction is of
the year 2013. It is true to say that second cheque is still in my custody.
It was dishonored for the reason of ‘Incorrect spelling mistake’.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 19.06.2025 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 : 19.06.2025.
Transcribed and Typed on : 19.06.2025.
Order printed and Signed on : 19.06.2025.
Order Uploaded on : 19.06.2025.
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