Interim Order 2

Order Details: Copy of Document.
Pdf Text: 14 C.C.No.110/SS/2018
CW-01 Exh.7
24. 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 : 28.07.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01 Mr. Aneel Talrejaa @Anil Talreja by advocate
Mr. Nagi for advocate Mr. Gul Madnani for the accused :
25. I am B.Com Graduate. I can understand English. As far as my
knowledge I have produced all relevant documents in my proceeding. It is
true to say that today I do not want to produce any other documents. It
is true to say that after verifying the documents I have produced it on
record. It is true to say that I have not concealed or suppressed any
material fact of the case. It is true to say that I have not annexed any
document of agreement or contract in present case. It is true to say that I
do not have money lending licence. I do not do money lending. It is true
to say that I have advanced an amount of Rs.15 lakhs to the accused on
17.01.2015. I do not remember whether I received an amount of
Rs.45,000/- on 19.01.2015 from the accused. I will have to verify. I will
clarify about it on next date. Now I am shown a copy of Ledger Account
of the accused maintained by me. As per the entries in said Ledger
Account Extract, I have received Rs.45,000/- by cheque No.004261 on
19.01.2015. It is true to say that said payment is received exactly after
two days giving after Rs.15 lakhs. It is true to say that I have not
produced any documents showing that I can receive an amount of
Rs.45,000/- in two days. It is true to say that I have not made
endorsement of receiving Rs.45,000/- on the subject cheque. It is true
to say that on 19.01.2015 balance amount was only Rs.14,55,000/-
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CW-01 Exh.7
towards accused. It is true to say that I have received Rs.2,82,750/-
from the accused till date. On the date of filing complaint my brother
Mahesh Talreja and his wife Ria Talreja were the directors of complainant
company. I was director at the time of transaction. I retired in the year
2016. It is true to say that none of the documents produced by me in
complaint indicates or bears my signature as a witness for advancing loan.
It is true to say that I have not produced any document to show that
there are two directors of complainant company. It is true to say that the
Board Resolution Exh.29 nowhere shows power to depose or compound or
rectify and indemnify the complainant company. I do not know the
director’s identification number. It is true to say that I have not produced
any such document for identification of directors of complainant company.
I do not remember the Corporate Identification Number of complainant
company. It is true to say that I have not produced any document to show
that complainant company is registered company. It is not true to say that
complainant company is not registered company and those two directors
are not the directors of complainant company. It is not true to say that
the signature on Board Resolution Exh.29 is not the signature of Mahesh
Sobraj Talreja. I have not produced any document to show that said
signature is of Mahesh Sobraj Talreja. It is true to say that I have not
produced any document to show that the address mentioned in Title
Clause is the registered address of complainant company. It is true to say
that I have not produced any document to show that shop No.3 Anil Villa,
V.P.Road, Vile Parle (W), Mumbai is the registered address of the
complainant company. It is not true to say that I have not produced any
document as said address is not the registered address of complainant
company.
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CW-01 Exh.7
26. I have not produced Partnership Deed of accused to show that
accused No.2 to 5 are its partners. It is true to say that I have not
produced any document to show that who were the partners of accused
No.1 firm in the year 2015 when loan was given and who were the
partners of accused No.1 firm on the date of filing complaint. I do not
know that the address 301, Golden Banglow, Juhu Road, Santacruz(W),
Mumbai-54 is registered address of accused No.1 firm. I have not
produced any document to show that accused No.2 is Managing Partner
and Authorized Signatory for accused No.1 firm. It is true to say that I
have not produced any document to show that either of accused No.2 to 5
are Managing Partner and Authorized Signatory for accused No.1 firm. It
is true to say that I have not produced any document to show that the
addresses mentioned in complaint for respective partners of accused No.1
are their addresses. I am not annexed any document to show that the
addresses of accused No.2 to 5 mentioned in complaint and evidence
affidavit are their addresses. Complainant company has no other
transaction with the accused before the date of cheque except present
transaction. I have not produced any document to show friendly relations
with the accused by way of correspondence. It is true to say that we
never leased any commercial property to the accused. It is true to say that
we had never any dealing as to Real Estate with the accused. It is true to
say that I have not received any of cheques under covering letter. It is true
to say that it is not mentioned that cheque is given to me. It is not true to
say that I have not received the cheque. I do not remember the date of
presenting the cheque for realization. It is not true to say that cheque
Exh.32 is not given to me by the accused. It is not true to say that said
cheque is not deposited by me. I have not produced any cheque deposit
slip in my hand writing. It is true to say that I have not issued demand
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CW-01 Exh.7
notice Exh.34. It is true to say that it does not mentioned my name
anywhere. It is true to say that I have not given instructions to draft
demand notice Exh.34. In the year 2017 I had handed over the company
to my brother.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 28.07.2025 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 : 28.07.2025.
Typed on : 28.07.2025.
Evidence printed and Signed on : 28.07.2025.
Order Uploaded on : 29.07.2025.
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