Order 3

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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9 C.C.No.525/SS/2021
CW-1 Exh.14
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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10 C.C.No.525/SS/2021
CW-1 Exh.14
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 12.06.2024.
Transcribed and Typed on : 12.06.2024.
Order printed and Signed on : 12.06.2024.
Order Uploaded on : 12.06.2024.
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