Interim Order 5

Order Details: Order Below EX 1
Pdf Text: C.C.No.431/SS/2020
CW-02 EXH.47
I solemnly affirm on oath that -
My name is Varun Kaikin
Age : 39 years,
Occupation : Sr. Manager, SVC CO.Op. Bank, Santacruz(W) branch.
R/o. Charkop, Kandivali (W),Mumbai.
Examination-in-Chief of CW-02 by advocate Mr. R.B. Yadav for the
complainant :
1. Today I am present as I received witness summons. I am
authorized to depose before the court. I have brought my identity card.
Now I am shown cheuqe Exh.18. It bears rubber stamp of SVC Co Op
Bank Ltd, Santacruz (W). It is crossing stamp. It means the cheque was
presented in our bank for realization. Now I am shown cheque return
memo dated 06.01.2020 Exh.19. The cheque return memo belongs to
our bank. The cheque no.002882 was dishonored for the reason “Funds
Insufficient” and returned unpaid. Cheque return memo being
computer generated, it does not required signature of issuing authority.
Contains of cheque return memo are true and correct. I am producing
the account statement pertaining to dishonor of said cheque along with
required certificate under Annexure 10A. It bears my signature. The
account statement is signed by me. It is true and correct. The account
statement is marked Exh. 48. The certificate Annexure 10A bears my
signature and seal of the bank. It is true and correct. The certificate is
marked Exh.49.
Cross examination by Advocate Mrs. Nisha Narayankar for the
accused:
2. I do not posses any document to show that cheque return memo
Exh.19 is delivered to the complainant. It is not true to say that the
cheque return memo is false and fabricated as it does not bear seal and
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2 C.C.No.431/SS/2020
CW-02 EXH.47
signature. It is not true to say that I am deposing false that the cheque
return memo is issued by our bank.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 30.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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