Order 2

Order Details: Copy of Document.
Pdf Text: 16 C.C.No.524/SS/2020
CW-1 Exh.22
39. 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 : 09.02.2026 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Reena Kumbhar by advocate Mr. A.K.
Bhandari for the accused :
40. In the year 2015, I had personally visited the construction site
before booking the flat. Construction work upto only plinth level was
completed. It is true to say that I had seen the documents/papers of the
site. It is not true to say that the Title documents were clear and after
perusing it I had decided to purchase the flat. The cost of 2 BHK Flat
within vicinity of Nalasopara in the year 2015 was approximately Rs.17
lakhs. In my view the amount of flat was for Rs.17 lakhs as told by the
builder. It may be around Rs.40 lakhs as per your suggestion. It is not true
to say that I was told price of flat of Rs.40 lakhs. Accused has not given me
allotment letter as it was under construction. It is not true to say that I
have not produced any document to show that the particular amount of
flat was agreed and fixed. It is true to say that there are no signatures of
accused on alleged draft of Agreement. It is not true to say that I am
deposing false that accused has agreed to sell the flat to me against price
of Rs.15,80,000/-. It is true to say that I had not paid entire amount of
consideration of the flat to the accused as alleged in the affidavit. It is not
true to say that I do not possess any documentary evidence to show that
on which date I was to get the possession of the flat. It is true to say that I
was in hurry to get possession. It is not true to say that I did not wait
until completion of the building. It is true to say that I had sent mail for
cancellation request. It is true to say that I have not produced entire e-
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CW-1 Exh.22
mail communication made in between me and accused in the proceeding.
It is true to say that I have suppressed the e-mails pertaining to my
cancellation request. It is true to say that I have filed offence under
section 420 against accused at Nalasopara Police station in the year 2023.
It is true to say that I have not produced copy of said FIR in the present
proceeding. It is true to say that in said FIR I have suppressed the fact of
filing complaint under section 138 by me against accused. By said FIR I
have claimed balance amount of Rs.7,50,000/- approximately against
accused. I have also claimed interest in said amount. I do not know what
would be the an amount of interest out of Rs.7,50,000/-.
41. Cheque Exh.29 was given to me in the year 2019. It is not
true to say that out of cheque amount of Rs.7,50,000/- till date I have
received Rs.7,43,000/-. I do not recollect how much amount I have
received till date. It is not true to say that on the date of filing complaint I
was offered Rs.7,50,000/- as full and final amount of settlement. It is true
to say that in my complaint Exh.01 I have not made averments that
accused was to pay interest to me. It is not true to say that the E-mail filed
by me as to the compensation was sent after filing present complainant. It
is true to say that I have not produced required certificate of admissibility
of electronically generated document pertaining to E-mails produced by
me. It is true to say that the disputed cheque was pertaining to part
payment of Principle balance amount. It is not true to say that I have
received the amount against the cheque Exh.29 and accused is not liable
to pay the said cheque amount. It is true to say that I have suppressed the
amount received from accused while lodging FIR against him at
Nalasopara Police Station. It is not true to say that I have sent threatening
E-mails to the accused for claiming additional amount. It is true to say
that FIR of defamation is lodged against me by the wife of accused at
Thane. It did not happen during entire transaction that I asked accused
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not to pay my money and instead the same to be adjusted for the payment
of customer Sameer Bargode. It is true to say that I introduced Mr. Sameer
Bargode to the accused as a customer. It is not true to say that on my say
accused has adjusted my balance payment with his payment. I do not
know how much amount is paid by Mr. Bargode. It is true to say that in all
E-mail produced by me there is assertion as to Mr. Sameer Bargode. It is
not true to say that therefore, accused is not liable to make any payment
to me.
42. I do not know that accused was not residing at A-602,
Neminath Classic Sun City, Vasai (W) at the time of issuing demand
notice. I was not aware that accused will not found on said address at the
time of sending demand notice. It is not true to say that I had deliberately
sent the demand notice on wrong address of the accused. It is not true to
say that my decision to take flat in the project of Capcone Ventures was
my voluntary decision. It is not true to say that on the date of filing
complaint accused was not liable to deliver the flat to me. It is not true to
say that on the date of filing complaint accused was not liable to pay
anything to me. It is not true to say that I have filed complaint only with a
view to harass the accused extort more money. It is not true to say that I
have filed false complaint.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 09.02.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.22
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 : 09.02.2026.
Transcribed and Typed on : 09.02.2026.
Order printed and Signed on : 09.02.2026.
Order Uploaded on : 09.02.2026.
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