Order 3

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.222/SS/2018
CW-1 Exh.03
14. 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 : 18.10.2024 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mr. Manoj Kumar by advocate Mr. Atul
Redkar for the accused :
15. At present I am Head of Legal Affairs in the complainant
company. At the time of filing complaint my designation was Legal
Manager and Company Secretary of the complainant company. I am
serving in complainant company since 24 years. It is true to say that I
have produced photo copy of certified copy of Board Resolution at
Exh.12. I can produce original copy of said Board Resolution. Today I
have not brought it with me. It is true to say that in my evidence
affidavit para No.1, I have not mentioned case number. I am knowing
accused being our distributor. I do not remember in which year first
transaction of the complainant company took place with the accused.
Right now I am not possessing any document to show that accused
No.2 is Proprietor of accused No.1. I am not having any document right
now with me to show that accused No.2 is looking after the day to day
affairs of accused No.1. It is true to say that I have not produced the
Distributor Agreement on record. It is not true to say that no such
Distributor Agreement as ever executed or entered into in between
complainant and accused. It is true to say that I have not produced the
purchase orders placed by the accused to the complainant. It is not true
to say that accused had never issued any such purchase orders to the
complainant. I do not remember whether complainant company
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possess any purchase orders issued by the accused.
16. Complainant company has raised bill for Rs.11,43,746/-
towards the outstanding amount. The bill and invoices were given to
the accused. I do not remember whether accused has acknowledged
said bills and invoices. It is not true to say that we have not generated
any such bill or invoice for an amount of Rs.11,43,746/-.
17. I do not remember the date of issuing cheque No.478204
by the accused. I do not remember whether I had passed or not any
receipt to the accused after receiving said cheque from him. It is not
true to say that whenever the cheque was given by the accused, it was
blank signed cheque. I can tell for what purpose the cheque was issued
by the accused. The cheque was given towards the outstanding amount
of goods received by the accused. I do not remember whether any letter
was issued alognwith the cheque specifying purpose of issuing said
cheque. Now I am shown cheque Exh.13. I can not tell whose hand
writing is over the cheque. I can not tell who has return the amount
over the cheque. I do not know whose signature is on cheque Exh.13. I
do not know by which mode the cheque was received by the company.
It is not true to say that accused has never issued cheque Exh.13 to the
complainant company.
18. Now I am shown document Exh.14. I can tell what is said
document. It is an advice issued by our bank of America. It is true to
say that there is no signature of any person or issuing authority on said
letter. However, said letter is computer generated print out and do not
need signature. I have not generated said letter. I do not know who has
generated said letter from the employees of the bank. It is not true to
say that the document Exh.14 is bogus and fabricated document. It is
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not true to say that the cheque is never dishonoured.
19. I do not know whether the statutory notice Exh.15 dated
07.11.2017 was not received by the accused person. It is not true to say
that the accused No.1 and 2 are not residing on the address mentioned
in the demand notice. It is not true to say that said address is not the
address of accused No.1 and 2. Right now I do not have any document
to show that said address was the last known address as per our record.
The demand notice was issued for recovery of cheque amount. It is true
to say that the demand notice do not bears my signature. It is not true
to say that I have not given instructions to draft the demand notice
Exh.15. My advocate had sent the notice Exh.15 to accused by speed
post on my instructions. It is not true to say that there is no legal
liability on the part of accused as mentioned in notice Exh.15. Now I
am shown the two speed post envelops produced at Exh.17 colly. There
is number of remarks given by postal authority on said envelops. It is
not true to say that both envelops were returned for the reason of not
known and incomplete address.
On oral request of the advocate for the accused cross
examination is deferred till next date as a last chance to exercise right
of cross examination. No adjournment would be granted on next date
for any reason.
R.O.A.C.
(M. P. Saraf)
Date : 18.10.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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Date : 20.06.2025
Resumed on S.A.
Further cross examination of CW-01- Mr. Manoj Kumar by advocate Mr.
Atul Redkar for the accused :
20. I do not have any documents with me to show placing
various purchase orders time to time by the accused. It is not true to
say that accused has not given any such purchase orders.
21. It is not true to say that I have not sent demand notice to
the accused. It is not true to say that accused has no liability to make
payment to the complainant. It is not true to say that I have filed false
case to extract money from the accused.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 20.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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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 : 20.06.2025.
Transcribed and Typed on : 20.06.2025.
Order printed and Signed on : 20.06.2025.
Order Uploaded on : 20.06.2025.
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