Interim Order 1

Order Details: Copy of Document.
Pdf Text: Exh.05
C.C.No.72/SS/2018
Resumed on Oath:
Further cross examination of PW01 by advocate K.C.Tiwari for the
accused after recalling the witness :
26. It is not true to say that I have not filed any documentary
evidence to show the legal liability of the accused to pay the cheque
amount. The father of the accused is my friend and as such I know him
since year 2012. I was not knowing the accused prior to year 2012. I
do not know whether one cheque belonging the accused was lost from
his office. It is not true to say that the accused had made phone call to
me in this regard. It is not true to say that accused had met me
personally at my home. It is true to say that accused gave me notice
on 27.11.2017. I had received the notice. I had replied said notice of
the accused. I do not remember whether I had filed or not the copy of
reply given by me to the notice of the accused. It is not true to say that
I stolen the cheque from his office. It is true to say that the accused has
filed complaint in respect of missing and present disputed cheque in
police station. I can file the copy of reply given to the accused.
27. It is true to say that accused had paid me some amount.
The accused had paid me Rs.8,00,000/ out of Rs.20,00,000/ and
Rs.12,00,000/ is still due. It is not true to say that I have not filed any
documentary evidence to show the legal liability of the accused to the
extent of Rs.20,00,000/. The accused has falsely demanded the
payment made by him to me from his account vide notice reply. It is
not true to say that Mohammad Umar was not the employee of the
accused at any time. I have no documentary evidence to show that
Mohammad Umar is employee of the accused. I do not know whether
the stop payment of the cheque is made by the accused prior to
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Exh.05
C.C.No.72/SS/2018
depositing the cheque by me for encashment.
28. I have filed the document to show that Alfa Chemical
and Leather company is registered company. I have filed company
registration certificate. I am sole proprietor of the company. It is not
true to say that the handwriting over the cheque Exh.23 now shown to
me is not of accused. It is not true to say that accused had not given
me any cheque. It is not true to say that accused is not at all liable to
pay any amount. It is not true to say that accused himself has
demanded money from me. I do not remember whether accused had
demanded the cheque Exh.23 from me as a stolen cheque. It is not true
to say that I have filed false case against the accused. It is not true to
say that accused had given payment to me to help me in business. It is
not true to say that I was visiting term with the accused since year
2012. I can not recollect how many times I met the accused. It is not
true to say that I had gone to the office of the accused.
Cross examination is over.
No Reexamination.
R.O.A.C.
(M. P. Saraf)
Date : 07.07.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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