Interim Order 2

Order Details: Copy of Document.
Pdf Text: 5 C.C.No.519/SS/2021
CW-1 Exh.13
12. 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 : 18.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Rameshchandra N. Jain by advocate
Mr.Chetan Pawar for the accused :
13. I do not know that re-joinder in reply to the notice reply
given by the accused is given or not by me. I do not know that accused
has replied to the demand notice given by me. It is not true to say that
my lawyer has sent notice to a wrong person or in the name of wrong
person. It is true to say that in my evidence affidavit I have not
mentioned that the contents of notice reply issued by the accused are
false or wrong.
14. The cheque Exh.16 is in favour of Lokesh Jwellers. It is not
true to say that the demand notice Exh.22 was issued in the personal
name of Mr. Rameshchandra N. Jain. Witness volunteers that I am
Proprietor of Lokesh Jwellers. It is true to say that in the notice,
complaint and evidence affidavit nowhere my legal status as a
Proprietor of Lokesh Jwellers is mentioned. It is true to say that I have
not produced any document in the proceeding to show that I am
Proprietor of Lokesh Jwellers. It is not true to say that the notice
Exh.28 is not as per mandate of section 138 (b) of the Act. It is not true
to say that the complaint lodged on the basis of notice Exh.28 is not
maintainable. It is not true to say that I do not have locus standi to
issue notice as well as file complaint as a proprietor of Lokesh Jwellers.
It is true to say that in the complaint or my evidence affidavit I have
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not mentioned the mode of order alleged to be given by the accused.
Accused had verbally ordered to deliver gold ornaments being about
253.252 grams. It is true to say that the date of issuing order by the
accused is not mentioned in complaint and evidence affidavit. It is true
to say that the value of gold is not mentioned in my complainant or
evidence affidavit. Witness volunteers that the challan number is
mentioned and in said challan the amount is mentioned. It is true to
say that the delivery challan Exh.15 is not in the name of M/s.
Waingankar Jwellers who had issued the cheque. It is true to say that
there is no signature on delivery challan Exh.15 either of Mr.
Waingankar or any representative of Waingankar Jwellers. Witness
pointed out a slip containing signature on a blank paper produced
along with the list of documents. Said chit is marked Exh.34 for the
purpose of identification subject to proving the same. It is true to say
that the date of signing said acknowledgment cum chit Exh.34 is not
mentioned on it. It is true to say that there is not stamp of Waingankar
Jwellers on receipt Exh.34. It is not true to say that the receipt or chit
Exh.34 does not disclose who has received the goods or who has given
it. It is true to say that the receipt does not disclose that accused has
received the gold of 253.252 grms.
Cross examination is deferred till next date as court recess time.
R.O.A.C.
(M. P. Saraf)
Date : 18.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.13
Date : 23.09.2025
Resumed on S.A.
Cross examination of CW-01- Rameshchandra N. Jain by advocate Mr.
Vipul Bhoi for Mr.Chetan Pawar for the accused :
15. Now I am shown para No.6 of Notice Reply Exh.28 given
by the accused. It is not true to say that accused had never placed order
for supply of Gold Ornaments. It is not true to say that accused had
never received the Gold Ornaments described in Challan No.1202
dated 12.02.2021. It is not true to say that the Challan No. 1202 dated
12.02.2021 Exh.15 produced by me is false and fabricated. It is not true
to say that accused is not knowing Shri. Nirmalya J. Kolye. It is not true
to say that I have created false documentary evidence in respect of
Challan No.1202. It is true to say that I have not given rejoinder to the
notice reply sent by the accused. I do not know whether accused has
filed police complaint against me for misuse of his cheque. I know
Mr.Alok Saheb. Witness volunteers that Shri. Nirmalya J. Kolye is the
only same person known by name Alok Saheb. It is true to say that Alok
Saheb is expired. It is not true to say that accused has never issued
subject cheques to me. It is true to say that both cheques were handed
over by the accused to said Alok Saheb. It is not true to say that I have
misused both cheques without lawful consideration and filed false case.
It is not true to say that I have filed false and bogus dishonored memo
Exh.20 and 21. It is true to say that the dishonor memo Exh.20 and 21
did not bear signature of issuing authority and stamp. Iint accused was
not delivered any Gold Ornaments as described in Challan Exh.15. It is
not true to say that accused has no liability to pay any amount to me. It
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is not true to say that I have filed false case misusing his cheques.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 23.09.2025 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 : 23.09.2025
Transcribed and Typed on : 23.09.2025
Order printed and Signed on : 23.09.2025
Order Uploaded on : 23.09.2025
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