Order 4

Order Details: Copy of Document.
Pdf Text: 9 C.C.No.3143/SS/2017
CW-1 Exh.05
Witness recalled vide order below Exh.24 dated 07.09.2023.
Resumed on Oath.
Further Cross examination of CW-01- Saroj Kumar Saha by advocate
Mr.Prashant Chaturvedi for Mr. A.K.Mishra for the accused :
14. I can not tell date of demanding money by the accused
from me. However, she had asked for money in the year 2014. I can not
tell in which month she had asked for money. At that time I plying
vehicle. I used to run vehicle through Ola Agency. At that time I used to
earn approximately Rs.25,000/- per month. I can produce the bank
passbook for the year of transaction with the accused that is year 2014.
At that time I staying at Santacruz (E) in rental premises. I can tell the
address of my mother in law who was staying as a neighbour of
accused at Delhi. She was staying in Railway Chawl at Kishanganj at
Delhi. I have no documentary evidence to show that I was running
vehicle through Ola, Uber and Meru except the mobile app in my
phone. I am still running vehicle through said apps since year 2014. I
again say I was driving vehicles of other owners. I can not say firmly
whether I am going to examine Sunil Kumar Yadav as he has left
Mumbai. I can not tell exact date of obtaining amount of Rs.1,50,000/-
from Sunil Yadav.
15. At first instance I paid Rs.1,75,000/- to the accused at
Delhi in presence of Birchand Saha and Baijnath Saha. At that time I
have not obtained receipt. I collectively obtained receipt of
Rs.5,00,000/-. It is not true to say that I never met with the accused
nor accused met me at any point of time. It is not true to say that I have
met accused first time on Bandra Court. It is not true to say that I have
filed false case against the accused. I used to take receipt at the time of
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CW-1 Exh.05
parting money to the accused. Receipt means I used to write entry in
pocket diary.
16. Receipts Exh.12 and 13 were executed at the home of
accused at Delhi. I can not tell the name of person who prepared the
receipts Exh.12 and 13. He was the person accompanied to the accused
and present at her home. He wrote the contents of receipt Exh.12 and
13. It is not true to say that the witness Bechan Saha is my relative. It is
not true to say that he is cousin brother of my brother in law. The
contents of receipt Exh.12 and 13 were written first before making
signature by accused and witnesses. It is not true to say that the
transaction of obtaining money of the accused was with Kavita
Oddisawali and not with me. It is not true to say that the receipts
Exh.12 and 13 were blank containing only signature and thumb
impression of accused. It is not true to say that the same was given in
blank by the accused to Kavita Oddisawali and not to me. It is not true
to say that the contents of receipt Exh.12 and 13 were written later on.
It is not true to say that the witnesses to the receipts namely Bechan
Saha and Baijanath Saha were also taken later on. Witness Baijanath
Saha was present at every transaction when I paid money to accused. I
gave money Rs.25,000/- to the accused at last event in presence of
Baijanath Saha. I paid Rs.25,000/- to the accused at her home at
Delhi. I used to go to Delhi every time for giving money to the accused.
Witness volunteers that I used to go to house of mother in law and at
that time I paid the money.
17. I can not tell the date on which the husband of the accused
was present at the time of receiving money from me. He was not
present at the time of execution of receipts by the accused and as such
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his signatures are not obtained. Her husband was not present on the
date of execution of receipts Exh.12 and 13 on 17.07.2015. The
husband of accused never came to receive money with the accused.
18. I do not know whether witness Baijanath Saha was
working on the shop of accused in the year 2014-2015. I do not know
that Baijanath Saha had obtained money for accused on interest of 10%
p.a. from Kavita Oddisawali. I have no idea that accused had given
blank receipts with her signature alongwith papers of property to
Kavita Oddisawali.
19. Cheque Exh.15 is not signed by the accused in my
presence. The same was received by me from my brother in law
Baijanath Saha. It is not true to say that all the papers including cheque
are given by the accused to Kavita Oddisawali thorugh Baijanath Saha.
I do not know who is Kavita Oddisawali. It is not true to say that I have
filed false case against the accused misusing said papers which were
given to Kavita Oddisawali. It is not true to say that my brother in law
Baijnath Saha has stolen the cheque Exh.15 and other so many cheques
from the shop of accused. It is not true to say that signature over
cheque Exh.15 is made first and rest of the contents including name,
amount and date is written later on after so many years. It is not true to
say that except the signature over cheque Exh.15 rest of the contents
are not written in hand writing of the accused. I have not given money
on interest. I had only helped the accused.
20. It is true to say that the notice dated 05.10.2017 now
shown to me was sent by me to the accused. The photo copy of notice
dated 05.10.2017 is marked Exh.26 as the same is referred to the
witness in cross examination. I can not tell why the contents as to
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CW-1 Exh.05
receipts and cheque are not mentioned in Exh.26 by my lawyer. It is
true to say that cheque is not given personally to me. The cheque was
given after sending notice by me to Baijanath Saha to whom I had sent
to the accused. I have not enquired with the bank as to since when the
account is closed by the accused. It is true to say that accused has
replied tto my notice Exh.26 and Exh.17 dated 05.10.2017 and
21.11.2017. It is true to say that in said reply accused has stated that
she do not know Mr. Saroj Saha. It is true to say that my mother in law
has filed two cases against the husband of accused at Delhi, Tisharajari
Court.
Cross examination is deferred till next date on oral request
of the advocate for the accused.
R.O.A.C.
(M. P. Saraf)
Date : 01.02.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.05
Date : 04.05.2024
Resumed on S.A.
Further Cross examination of CW-01- Saroj Kumar Saha by advocate
Mr.Prashant Chaturvedi for Mr. A.K.Mishra for the accused :
21. My mother in law used to stay in huts besides the railway
station Kishan Ganj. Now all the huts are demolished and she is
residing elsewhere. It is true to say that accused was residing on the
address mentioned in the complaint in the year 2008. Witness
volunteers that she was residing at both places. I do not remember the
date of last payment made to the accused. I am still running vehicle. I
was paying rent of Rs.1200/- when I gave money to the accused. I had
given money even in presence of husband of accused. I had given
Rs.1,50,000/- to the accused in presence of her husband and two
witnesses. I had obtained receipt in the form of diary. Accused has not
repaid Rs.5 lakhs till date to me. I paid Rs.1,50,000/- to the accused in
presence of her husband at home of my mother in law. The husband of
accused was not present only at the time of transaction of
Rs.1,75,000/-. I can not tell whether the statement made in notice
Exh.17 Mr. Ramkeval was also present at each transaction is wrong. I
never stated that some transaction took place in the year 2014. It is not
true to say that there was no transaction in between me and accused.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 04.05.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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