Order 2

Order Details: Copy of Document.
Pdf Text: Exh.05
C.C.No.841/SS/2018
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 : 05.07.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of PW01 by advocate J.K.Khajotia for the
accused :
17. In the year 2015 and 2016 I was running hotel business.
It is not true to say that my wife is looking after all of my transactions.
I am not doctor by profession. It is not true to say that in the year
2015, 2016 my son was possessing degree of doctorate. He was
studying at that time. He was studying in St. George University in Shri
Lanka. It is true to say that till date he has not received degree of
doctorate from any nation. It is true to say that my son never practiced
as a doctorate either in India or any country.
18. It is true to say that I was not knowing the accused
prior to year 2015. It is not true to say that I directly made contact
with the accused in the year 2015 to purchase land at Panvel. It is true
to say that I hired an agent who was advocate for purchasing land at
Panvel. It will not be the correct statement if I say I had not hired any
other person except the advocate. The name of the Advocate was
Vishal. I do not remember his full name. I was not knowing the full
name of said advocate even in the year 2015, 2016 and 2018. It is true
to say that advocate Vishal and Sachin Patil acted as an agent for me
to purchase land at Panvel. I came to know advocate Vishal in the year
2014. He has never represented me in any court in any case. It is not
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C.C.No.841/SS/2018
true to say that I was knowing the agent Sachin Patil directly without
the assistance of Advocate. It is true to say that Advocate Vishal
introduced me Sachin Patil.
19. It is true to say that the notice Exh.15 now shown to me
is issued by me to the accused. It is true to say that it is not mentioned
in my notice that my advocate Vishal introduced me with agent Sachin
Patil. I have not obtained receipt for the legal remuneration paid to the
advocate for transaction. I was acquainted with Sachin Patil in the year
2016. I never inquired with Advocate or agent under what name and
style they are running the Real Estate Agency business. I have not paid
any brokerage to Sachin Patil as there was no deal at all.
20. It is true to say that I was intending to purchase land
for constructing of hospital for my son. It is true to say that I have not
mentioned the reason for purchasing the land at Panvel in my
complaint and evidence affidavit. I had not published any public notice
prior to purchasing land. I do not remember whether my advocate
Vishal and Agent Sachin Patil had given or not notice in daily news
paper for purchasing land admeasuring 2 acres for me in th year 2015,
2016. I am not in contact with advocate Vishal as on date. I do not
have his mobile number. I never visited any government or revenue
office for verifying the ownership of the land in the name of accused.
My advocate might have verified. I have not produced any 7x12
extract as he did not give me any papers and the deal was cancelled.
21. I have filed suit for Specific Performance of Contract. I
again say I am not sure whether I have preferred civil suit or not. I do
not know in which court I have filed suit. Even I do not know whether
my advocate has filed the suit or not. It is true to say that I have filed
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C.C.No.841/SS/2018
police complaint against the accused in connection of dishonor of
cheque. I have filed complaint in two police station i.e. at Bandra and
Panvel. Police has not filed chargesheet in any of above case. I am
having copies of complaints with me filed with both police stations. I
again say that I will have to search the copies.
22. It is true to say that there no bank seal on cheque return
memo at Exh.14 now shown to me.
Cross examination is deferred till next date on payment
of cost of Rs.500/ to the witness.
R.O.A.C.
(M. P. Saraf)
Date : 05.07.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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