Interim Order 1

Order Details: Copy of Document.
Pdf Text: 5 C.C.No.683/SS/2020
CW-1 Exh.12
17. 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 : 03.10.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mohd. Naseem Choudhari by advocate
Mr. Nitin Wadake for the accused :
18. Name of my shop is Choudhari Trading. The shop is in the
name of my wife Anwar Jahan. She is Proprietor of said business. It is
true to say that complaint Exh.01 now shown to me nowhere discloses
name M/s. Choudhari Trading in Title Clause. It is true to say that the
complaint is filed on behalf of my wife in her individual capacity. It is
true to say that my wife is house wife and entire business is run by me.
It is true to say that my wife is not aware anything about the business
transaction. I am studied upto only 6th Std. My wife is studied upto 4th
Std. It is true to say that I made advocate Dwivedi in connection to the
case. It is true to say that he drafted the notice and I signed it. I again
say my wife signed the notice. Now I am shown Postal Tracking Report
copy filed by me. The same is marked Exh.21 as referred in cross
examination to the witness. It is true to say that there is nothing in
said copy of report Exh.21 to show that the postal article was delivered
to the addressee.
19. Now I am shown Invoice Exh.15 in the name of Choudhari
Trading. It is true to say that in said invoice address of Mohanlal Mistry
and Sons is not mentioned. It is true to say that there is nothing
indicating that said invoice was delivered to Mohanlal Mistry and Sons
in Invoice Exh.15. It is not true to say that I had never supplied the
-- 1 of 3 --
6 C.C.No.683/SS/2020
CW-1 Exh.12
goods mentioned in the description of invoice namely Gypsum Plaster
POP to Mohanlal Mistry and Sons at any point of time. It is not true to
say that I have not delivered or supplied the material as mentioned in
para 5 of complaint on 03.03.2020 to the accused. Except cheque I do
not have with me anything to show that said material is delivered to
the accused.
20. It is true to say that I have filed complaint in the capacity
of Power of Attorney Holder of my wife. It is true to say that the Power
of Attorney Exh.14 is issued by my wife in her individual capacity and
not as a Proprietor of M/s. Choudhari Trading. It is true to say that the
power of attorney nowhere states authority to file present complaint
specifically in the name of accused or give evidence on oath in that
connection.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 03.10.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 2 of 3 --
7 C.C.No.683/SS/2020
CW-1 Exh.12
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 : 03.10.2025
Transcribed and Typed on : 03.10.2025
Order printed and Signed on : 03.10.2025
Order Uploaded on : 04.10.2025
-- 3 of 3 --