Interim Order 1

Order Details: Copy of Document.
Pdf Text: 7 C.C.No.180/SS/2018
CW-1 Exh.6
14. 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 : 03.07.2024 Judicial Magistrate, First Class
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Rakesh Uttam Desai by advocate
Ms.Pooja Agrawal for the accused :
15. My designation in Complainant Company is of Credit
Manger. I am serving in the company since last 10 years. I have read all
contents of affidavit in lieu of Examination in Chief before signing and
filling it. It is not true to say that I do not possess full information and
knowledge as to the transaction in between complainant company and
accused. It is true to say that there are previous business transaction in
between complainant and accused prior to the transaction in question.
It is true to say that in my affidavit in lieu of Examination in Chief I
have not mentioned any details as to the delivery of the goods, it’s date,
its location etc. It is true to say that I have not mentioned any details
as to the various invoices referred in para 4 of my affidavit in lieu of
Examination in Chief. It is true to say that I have not produced any
invoices on record. It is true to say that no written documents were
executed in the form of guarantee of payment before delivering the
goods to the accused. It is not true to say that subject cheque was
obtained as a guarantee or security before dispatching goods. I can not
tell whether we had not received or obtained any amount as an
advance or token before dispatching the goods. It is not true to say that
it was decided in between complainant and accused to make payment
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8 C.C.No.180/SS/2018
CW-1 Exh.6
of goods after receiving entire goods. It is not true to say that I have not
mentioned the total amount of goods supplied to the accused in my
affidavit in lieu of Examination in Chief. It is true to say that in para 4
of my evidence affidavit I have stated, “I therefore say and submit that
as per the representations made at the time of dispatch of Chemicals by
the accused, the payment were to be made against delivery as such the
above mentioned various invoices etc.” The amount of Rs.36,06,775.88
is the total amount outstanding towards accused. It is not true to say
that I am not aware about the information of the deal as we have
mentioned many things in my affidavit. It is not true to say that we
have not made any sort of communication with the accused before
depositing the cheque for encashment. It is true to say that the cheque
is not signed before me or in my presence by the accused.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 03.07.2024 Judicial Magistrate, First Class
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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9 C.C.No.180/SS/2018
CW-1 Exh.6
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 : 03.07.2024.
Transcribed and Typed on : 03.07.2024.
Order printed and Signed on : 03.07.2024.
Order Uploaded on : 03.07.2024.
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