Interim Order 1

Order Details: Copy of Document.
Pdf Text: 8 C.C.No.160/SS/2021
CW-1 Exh.16
11. 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 : 27.09.2024 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Brihaspati Biswas by advocate Mr. S. F.
Raheman for the accused :
12. I do not know English language. The contents of complaint
Exh.1, notice, affidavit in lieu examination in chief are written as per my
instructions. I was read over contents of statutory notice by my advocate. The
accused No.1 M/s. Food Craft is Proprietorship Firm and not Partnership
Firm. I have not produced any document to show that accused No.1 M/s.
Food Craft is Proprietorship Firm and accused No.2 is its Proprietor. It is true
to say that in my complaint I have posed myself as a Partner of M/s. Comfort
Caterers. It is true to say that in my affidavit in lieu of examination in chief I
have shown myself as a Proprietor of Comfort Caterers. My statement that I
am Proprietor of M/s. Comfort Caterers mentioned in evidence affidavit is
wrong. I am Partner of my firm. We have not registered M/s. Comfort
Caterers Partnership Firm but I am having Partnership Deed.
13. I am empowered to give loan on behalf of M/s. Comfort
Caterers Partnership Firm. I can produce the Partnership Deed.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 27.09.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.16
Date : 27.01.2025
Resumed on S.A.
Further cross examination of CW-01- Brihaspati Biswas by advocate Mr.
S. F. Raheman for the accused :
14. Today I have not brought Deed of Partnership with me but
I produced it on next date. I have read the demand notice dated
18.01.2021. All the contents raised in my notice were true and correct.
It is true to say that in para 4 of my notice it is stated that I received the
cheque return memo on 2nd Feb. 2021 and said statement is correct. It
is true to say that after receiving the cheque return memo I approached
to my advocate and sent the notice.
15. It is true to say that the authority letter of my partner
dated 06.03.2021. It is true to say that vide said authority letter I was
authorized to file complaint, issue demand notice by my partner. I do
not remember whether I was not given authority to issue notice and file
complaint by my partner on 18.01.2021. It is not true to say that the
authority letter has not authorised me to depose on behalf of the
complainant.
16. It is not true to say that my partner has not given me any
authority to file complaint against the accused. I had paid total Rs.11
lakhs in cash to the accused No.2. complainant Firm is submitting
Income Tax Returns. I do not know whether said amount is shown or
not shown in my Income Tax Returns. My partner Ajay Sharma is
knowing about it. It is true to say that Ajay Sharma is also known by
name Anantram Tiwari. All the transactions of Comfort Caterers is done
by account payee transactions. I do not know whether Books of
Accounts of Comfort Caterers are maintained or not. My partner knows
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CW-1 Exh.16
about it. It is true to say that I had no direct transaction with the
accused. It is true to say that in my complaint and evidence affidavit I
have not mentioned that accused has to pay interest of Rs.22,000/- per
month against loan of Rs.11 lakhs.
17. I have read the contents of my evidence affidavit. My
advocate has read over me the contents of my affidavit. All the contents
are written and true and correct. It is true to say that paragraph No.5 of
my evidence affidavit I have stated that, “Accused issued cheque
bearing No.034050 dated 01.02.2020 of Rs.11 lakhs drawn on Samata
Sahakari Bank Ltd.”. Said portion in the affidavit is recorded as ‘Portion
Mark-A’. It is not true to say that accused has never given any cheque
dated 01.02.2020 to me. It is not true to say that the contents of
cheque Exh.28 are written by me. It is not true to say that accused has
not given me any cheque dated 01.02.2020 nor I have deposited it for
realization nor bank had issued me any such cheque return memo. I
presented the cheque for realization on 30.03.2020. I do not remember
exact date. It is true to say that I sent the statutory notice to the
accused after dishonour of cheque on 30.03.2020. It is not true to say
that I am deposing false that I presented the cheque for realization on
30.03.2020. I do not remember but it is mentioned in my evidence
affidavit. It is not true to say that I have filed false affidavit in lieu of
examination in chief. I do not know that Anantram Tiwari @ Ajay
Sharma has taken money from the accused for their another
transaction. It is not true to say that subject cheque is given by
Anantram Tiwari @ Ajay Sharma to me in the year 2017. It is not true
to say that accused is not liable to pay me any amount. It is not true to
say that I am deposing false and filed false complaint against the
accused. It is true to say that I have filed case at the instance of Ajay
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CW-1 Exh.16
Sharma. We both are partners. It is not true to say that there is no
transaction in between Comfort Caterers and M/s. Food Craft.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 27.01.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.16
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 : 27.01.2025.
Transcribed and Typed on : 27.01.2025.
Order printed and Signed on : 27.01.2025.
Order Uploaded on : 27.01.2025.
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