Interim Order 5

Order Details: Copy of Document.
Pdf Text: 8 C.C.No.525/SS/2021
CW-1 Exh.14
19. 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 : 12.06.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Amin Hasanali Merchant by advocate
Mrs.Alpa Zaveri for the accused :
20. It is true to say that complaint is filed by my wife on the
basis of Power of Attorney dated 29.07.2021. It is not true to say that
as per Power of Attorney I am not authorised to file affidavit in lieu of
examination in chief. I am not going to examine my wife who has filed
present complaint. I am running a medical business as well as I am
investing in stock market. It is correct to say that I am well verse with
the share market. My wife is not doing share market in her personal
capacity. I am looking her business. Contract is the crucial document
while dealing in stock market. I am also doing intra day trading of the
shares. For intra day trading or even regular share selling, the client has
to give 20% advance margin money to the broker. Broker used to give
confirmation by sending E-mail and contract. The details of all
transactions in a day receives in the evening after closing market. It is
true to say that I have not given the details of transaction in my
complaint and evidence affidavit. It is true to say that for every DMAT
account there used to be debit and credit account statement. It is true
to say that for buying or selling shares one must hold trading account.
The instructions for operating trading account can be issued by phone,
on-line or by visiting the office or even through app.
21. Satco Capital Market Ltd. is the broker for me in the
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transaction mentioned in the complaint. I have not produced the details
and documents of purchasing or selling shares. It is true to say that for
determining profit and loss, one has to see and verify each and every
transaction. There is no written document in between me and accused
for buying and selling shares for me. Witness volunteers that accused is
my friend and there was verbal agreement in between me and accused.
It is true to say that I have not produced any bill, vouchers or challans
with complaint or evidence affidavit. It is not true to say that for
purchasing or selling shares there is only two categories such as NSE
and FNO. It is not true to say that there was no transaction in between
accused and my wife.
22. My wife has issued notice to the accused. It is true to say
that accused has replied the notice issued by my wife. It is true to say
that in demand notice under section 138(b) issued by my wife there is
no details of transaction. As I was dealing on behalf of my wife,
accused has done transaction with me. It is not true to say that there is
no transaction in between my wife and accused for a period 01.04.2019
to 31.03.2020. The subject cheque was given against the loss caused in
the transaction. It is true to say that there was no liability in existence
for the transactions for the period year 2011 to 2019 on the part of the
accused. I can not tell whether there was no transaction at any point of
time in between my wife and accused during period year 2011 to 2019.
On oral request of the advocate for the accused cross
examination is deferred till next date. R.O.A.C.
(M. P. Saraf)
Date : 12.06.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.14
Date : 20.07.2024
Resumed on S.A.
Cross examination of CW-01- Amin Hasanali Merchant by advocate
Mrs.Alpa Zaveri for the accused :
23. The account No.21300 referred in para 3 of my complaint is
registered in the name of Ruby Amin Merchant. Derivatives and
forwards transactions are permissible under FNO in BSE and NSE. I can
tell the procedure to operate such type of accounts. One has to open
the account, deposit the margin money and then allow to trade. I have
not given any Power of Attorney or its copy to SATCO Capital Market
Limited Company while trading on behalf of my wife as it was family
trade. It is true to say that the account used to be settled for each day
trade transaction. It is true to say that margin money is required to be
kept balance for further trade transaction. I had given above Rs.1 crore
towards margin money during the period commencing from
01.04.2019 to 31.03.2020. It is true to say that authorized person of
the account holder is permitted to make transaction on behalf of the
account holder. In the year 2019 the transaction made with SATCO
were not online. I used to make transaction on phone or by visiting
personally to the office of SATCO. During 01.04.2019 to 31.03.2020 I
used to visit the office of SATCO for transaction. It is true to say that
the Requisite Slips are required for making transaction or trading. It is
true to say that I have not produced any documentary proof such as
Requisite Slips or confirmation given by E-mail for purchasing or selling
shares in respect of the transaction claimed by me. It is true to say that
I have not produced any documentary proof to show that I have made
the payment for the loss incurred worth Rs.1,06,50,970/-. It is true to
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say that I have not given details of the transactions for the period
01.04.2019 to 31.03.2020. It is true to say that I have not given
descriptive description of loss company wise in my complaint but it is
reflected in the contracts.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 20.07.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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Date : 12.11.2024
Resumed on S.A.
Further cross examination of CW-01- Amin Hasanali Merchant by
advocate Mrs.Alpa Zaveri for the accused :
24. During the period of transaction with the accused, there was
verbal communication and contract in between us. I have not given any
written intimation to the accused. There was previous transaction of
my wife with the accused but all were settled. Now I am shown cheque
Exh.18. The date on the cheque is written by the accused. The entire
cheque is filled in by the accused. It is not true to say that I have
misused cheque Exh.18. It is not true to say that I have not produced
any evidence in respect of my complaint. Accused had never helped me
monetarily at any point of time.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 12.11.2024 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 : 12.11.2024.
Transcribed and Typed on : 12.11.2024.
Order printed and Signed on : 12.11.2024.
Order Uploaded on : 12.11.2024.
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