Order 1

Order Details: Order Below EX 1
Pdf Text: 14 C.C.No.409/SS/2018
CW-01 Exh.8
15. 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 : 12.03.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01 Chandrakant Chavan by advocate Mr.
Milind Gaware for the accused:
16. I am doing job in industrial area. I am still working as a
helper. In the year 2015-2016 I was getting monthly salary of
Rs.16,000/-. Approximately Rs.7,000/- to Rs.8,000/- was my per
month expenses. I can not tell exactly how much amount I used to save
yearly because we four persons in our family are working in industry.
17. I am acquainted with the accused as he is my neighbour since
last 30 years.
18. Now I am shown cheque Exh.24. It is true to say that there is
difference of ink of signature and the writing over the cheque. The
cheque was received in the year 2018. I do not remember the date and
month of receiving said cheque. I had given Rs.2,95,000/- to the
accused. I can not tell exact date and month of giving said money to
the accused. However, I had paid him said amount around year 2014-
2015. I had given said amount in cash to the accused. I obtained the
same from my friend and gave it to accused. Anant Sahale gave me said
amount. He had given me Rs.3 lakhs. I gave Rs.2,95,000/- to the
accused. There is no written document as to obtaining Rs.3 lakhs from
Mr. Anant Sahale.
19. Now I am shown Promissory Note dated 02.02.2016. I am
shown signature on said document. It is true to say that the signature
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15 C.C.No.409/SS/2018
CW-01 Exh.8
shown to me is my signature on said Promissory Note. It is true to say
that said signature is executed for denoting a person giving money. It is
true to say that it also bears signature of the accused as a receiver of
money. It is true to say that there are names of Mangala Ashok Rote
and Kantabai Sukhdev Tayde, sisters of accused as receiver of money. It
is true to say that as per said Promissory Note I gave Rs.53,000/- to
Mangala Ashok Rote and Rs.2 lakhs to Kantabai Sukhdev Tayde. It is
true to say that Rs.1 lakh was given to Ganesh Babu Mhaske. It is true
to say that I received Rs.2,50,000/- from Mangala, Kantabai and
Ganesh Babu Mhaske as mentioned in said document. It is true to say
that I had obtained two cheques, Ration Card etc. as mentioned in said
document from the accused. The document is marked as Exh.31 as
produced during cross examination of the witness and admitted by the
witness. It is true to say that as per the recitals of document Exh.31,
Rs.3,000/- is outstanding towards Mangala Ashok Rote as on
02.02.2016. It is true to say that as per the recitals of document Exh.31,
Rs.1 lakh is outstanding towards Kantabai Sukhdev Tayde as on
02.02.2016. It is true to say that I demanded Rs.1,03,000/- from them
several times. It is not true to say that accused had demanded me his
cheques with me. I do not know whether accused had stopped the
payment of said cheques informing his banker. I presented cheque
Exh.24 for realization in the year 2018. I do not remember the date of
depositing the cheque for realization. I can not tell for what reason the
cheque returned unpaid. I presented cheque Exh.25 for realization
twice. It is not true to say that I am deposing false that accused
requested me to re-deposit the cheque.
20. I do not recollect the date of sending statutory notice to the
accused.
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CW-01 Exh.8
21. It is not true to say that I have misused the blank cheques
obtained from the accused. It is not true to say that accused is not liable
to make any payment against disputed cheque. It is not true to say that
accused has not received statutory notice Exh.26. It is not true to say
that the cheques were obtained towards security and I misused it. It is
not true to say that I am deposing false that cheque was given by the
accused against the liability of Rs.2,95,000/-. It is not true to say that
accused is not at all liable to make any payment to me. It is not true to
say that I am deposing false and filed false case.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 12.03.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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 : 12.03.2025.
Typed on : 12.03.2025.
Evidence printed and Signed on : 12.03.2025.
Order Uploaded on : 12.03.2025.
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