Order 2

Order Details: Copy of Document.
Pdf Text: 10 C.C.No.365/SC/2023
CW-01 Exh.09
6. 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 : 01.04.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01 Mr. Eknath Waman Bansode by advocate
Mr.Anil More for the accused:
7. I was serving in BMC. At present I am retired. I am getting
monthly pension of Rs.21,600/-. I own my room. Myself and my
daughter only staying in home. My monthly expenses are
approximately Rs.15,000/- per month. It is not true to say that I am
renowned for doing business of Money Lending. I know Mr. Uday
Shankar Mohite. He is present today in the Court Room. It is true to say
that I have also filed criminal complaint under section 138 of
Negotiable Instrument Act against Mr. Uday Shankar Mohite. I have
filed complaint for recovery of my money. It is not true to say that I
have filed said complaint for same reason of borrowing money. I do not
know English language. It is true to say that my complaint is drafted
and presented in English language. It is true to say that said complaint
is drafted by my advocate.
8. The averments as to Rs.3 lakhs requirement of the accused
mentioned in my complaint are true and correct. I can not tell what is
mentioned in paragraph No.4 of my complaint by my advocate as it is
in English. It is not true to say that the incident narrated in paragraph
No.4 of my complaint as to borrowing Rs.5 lakhs from friend Mr. Pawar
and I mortgaged his gold ornaments is incorrect or did not happen. It is
not true to say that no such transaction taken place at all. It is not true
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CW-01 Exh.09
to say that I was given total three cheques by the accused. It is true to
say that the cheques given by the accused were signed by him. I have
not taken the cheques from accused but he himself gave it to me on
24.04.2023. It is true to say that I deposited the cheque in my account
for realization on 26.04.2023. The cheques were written by the accused
with my name, amount and dates. I only deposited said cheques in my
account. I do not know whether the cheques were A/c payee cheques.
Both cheques returned unpaid on 27.04.2023. The cheques were
returned unpaid for the reason ‘Payment Stopped by Drawer’. It is true
to say that the cheques returned for the reason payment stopped by
drawer as the accused informed the bank to make stop payment. It is
true to say that there was communication in between me and accused.
It is not true to say that accused had informed me not to present the
cheques for realization.
9. I sent demand notice to the accused on 02.05.2023. Accused
gave reply to my notice on 08.05.2023 after 15 days. I had read the
notice reply given in Marathi. In said reply accused has falsely stated
that he repaid me money. It is true to say that in said reply accused has
stated that I obtained cheque from him forcibly. It is true to say that in
said reply accused has stated that he had not borrowed any loan from
me. The contents of notice reply are absolutely false.
10. Now I am retired since year 2011 hence, not assessable for
Income Tax. It is true to say that I do not possess any documentary
evidence with me to show that I paid Rs.6 lakhs to the accused. It is not
true to say that I used to give financial help in the sort of loan to the
accused and various persons. I have not given loan to any other person.
It is not true to say that I am lending money to several persons. As I am
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CW-01 Exh.09
not lending money I do not possess Licence. It is not true to say that I
have misused the cheques and Promissory Notes obtained from so
many persons. It is true to say that my advocate has prepared the
complaint but it was as per my narration. It is true to say that criminal
complaint is filed against me before the Court No.71 of Bandra but it
was false and bogus complaint made by you. It is not true to say that I
have filed false complaint against accused. It is not true to say that I
have filed present complaint as accused has filed criminal complaint for
obtaining cheques forcibly before court No.71 at Bandra.
11. It is not true to say that the cheques were given to me prior
to year 2023. It is not true to say that the hand writing of the contents
of cheques is my hand writing. It is not true to say that I have no
evidence to show that I paid Rs.6 lakhs to the accused. It is not true to
say that I have filed false complaint against the accused.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 01.04.2025 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 : 01.04.2025.
Typed on : 01.04.2025.
Evidence printed and Signed on : 01.04.2025.
Order Uploaded on : 01.04.2025.
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