Interim Order 3

Order Details: Copy of Document.
Pdf Text: C.C.No.781/SS/2021
CW-02 EXH.31
I solemnly affirm on oath that -
My name is Sayyad Abdul Naim
Age : 48 years,
Occupation : Branch Manager, Bombay Mercantile Cooperative Bank,
Bandra(W) branch.
R/o. Malad(W),Mumbai.
Examination-in-Chief of CW-02 by advocate Mr. Juwale for the
complainant :
1. Today I am present as I received witness summons. I am
authorized to depose before the court. I have produced copy of my
identity card, certified copy of Resolution authorizing me to depose on
behalf of the bank, certified copy of cheque return memo, certificate of
account closing by Sajid Sharif Padiyar, debit NEFT advice, debit RTGS
advice, Account extract of the account of Sajid Sharif Padiyar from
01.02.2020 to 28.02.2020, certificate unde section 65(b) of Evidence
Act, certificate of sec.2(a) of Bankers Book of Evidence Act, certified
copy of account statement of Sajid Padiyar for the period 01.12.2020 to
31.12.2020 alongwith requisite certificates under section 65(b) of
Evidence Act and under section 2(a) of Bankers Book of Evidence Act.
All above documents bears my signatures. Contents of all above
aforesaid documents are true and correct as per the record of the bank.
2. The identity card bears my signature. Identity card is marked
Exh.34. The Extract of minute of Board Meeting bears signature of
Managing Director and Mrs. Nasreen Chougule. I identify their
signatures. The contents of document are true and correct. The extract
of meeting dated 25.11.2022 is marked Exh.35. The Cheque return
memo bears my signature as true certified photo copy of the original.
The cheque return memo is marked Exh.36. The Account close
certificate bears my signature and seal of the bank. Information given
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2 C.C.No.781/SS/2021
CW-02 EXH.31
in the certificate is true and correct as per the record of the bank.
Account close certificate is marked Exh.37. The Debit NEFT Advice
which was printed on 03.06.2025 bears my signature and seal of the
bank. Its contents are true and correct as per the record. Debit NEFT
Advice is marked as Exh.38. The Debit RTGS Advice which was printed
on 03.06.2025 bears my signature and seal of the bank. Its contents are
true and correct as per the record. Debit RTGS Advice is marked as
Exh.39. The certified copy of account statement for the period
01.02.2020 to 28.02.2020 and 01.12.2020 to 31.12.2020 are true and
correct. Both documents are certified by me as a true data of bank
record alongwith required certificates of authentication. The account
statement for the period 01.02.2020 to 28.02.2020 is marked Exh.40.
The certificate under section 65 (b) dated 04.06.2025 bears my
signature and seal of the bank. The certificate is marked Exh.41. The
certificate as to the true and correct entries in the account statement
bears my signature and seal of the bank. The certificate under section
2(a) is marked Exh.42. The certified copy of account statement for the
period 01.12.2020 to 31.12.2020 bears my signature and seal of the
bank. The entries recorded therein are true and correct as per the data
stored in our computer. The account statement is marked Exh.43. The
certificate under section 65(b) for the authenticity of account statement
Exh.43 is marked Exh.44. The certificate issued under section 2(a) of
Bankers Book of Evidence Act is marked Exh.45.
3. The cheque number 478626 and 478627 were dishonored
and returned unpaid for the reason funds insufficient in the account of
drawer of the cheques. The account statement Exh.40 pertains to entry
dated 17.02.2020 and 18.02.2020 in respect of amount transferred by
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CW-02 EXH.31
NEFT and RTGS to Rajkumar Yadav by Sajid Padiyar.
Cross examination by Advocate Mr. P.S.Dubey for the accused:
4. On oral request of the advocate for the accused cross
examination is deferred till next date subject to bearing costs of
Rs.500/- to be paid to the witness for the to and fro expenses of the
witness.
R.O.A.C.
(M. P. Saraf)
Date : 04.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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