Interim Order 2

Order Details: Copy of Document.
Pdf Text: 12 C.C.No.777/SS/2021
CW-1 Exh.20
20. 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 : 25.09.2024 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Sundeep Doogershi Shah by advocate Mr.
Vishwanath Nair for the accused :
21. I am studied upto 1st year Bsc. I am running business in the
name of Niti Luminaire since year 2005. It is true to say that I am
proprietor of above firm since 2005. 315, Ailed Industrial Estate, Near
K.J.Khilani High School, Mahim Mumbai is my factory and officer
order. It is true to say that I am running business on this address since
2005. The firm is registered with MSME. The Udyam certificate is in my
name. It is true to say that I have not produced said certificate of
registration with my complaint or evidence affidavit. I can produce it. I
can produce Income Tax Returns for the year 2021-2022 that is for the
period of the transaction. I know the accused since May 2021. I became
acquainted with the accused through whatsapp messaging app. It is
true to say that accused is introduced to me through the whatsapp
group of our business community. That group was pertaining to Oxygen
Concentrators formed during necessity of COVID-19 Pandemic. The
accused forwarded a message in the whatsapp group that he is also
Oxygen Concentrator supplier. I can tell the date of promoting message
by seeing whatsapp group. I am unable to tell exact date right now but
I can tell the date. I will have to check whether accused were never
member of such group. It is not true to say that I am deposing false that
accused had promoted such message in whatsapp group. I again say
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13 C.C.No.777/SS/2021
CW-1 Exh.20
that the representative of accused No.1 company was member of the
group and he had uploaded the registration certificate of the company.
I can tell the name of said representative in descriptive on next date.
He might be some Niraj. I do not remember his surname. I am ready to
produce the screen shot of said message sent in whatsapp group. I have
not met accused prior to May 2021. I met him in the month of June
2021. I will have to check whether I possess or not any documentary
evidence to show giving order for purchasing 13 piece of 10 liter and 1
piece of 5 liter of Oxygen Concentrator worth Rs.10,23,273/- to the
accused No.1. Accused might have send me Proforma Invoice. It is not
true to say that I have never placed any such purchase order to the
accused. It is not true to say that therefore, I do not have any
documentary evidence to that effect. It is not true to say that therefore,
I have not produced it alongwith my compliant or affidavit in lieu of
examination in chief. I have no idea that generally the seller prepares
Proforma Invoice after receiving Purchase Order. It is not true to say
that accused has not sent any Proforma Invoice to me. I will produce it
if I found the same in my record.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 25.09.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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14 C.C.No.777/SS/2021
CW-1 Exh.20
Date : 21.04.2025
Resumed on S.A.
Further cross examination of CW-01- Sundeep Doogershi Shah by
advocate Mr. Vishwanath Nair for the accused :
21. I have produced the documents asked for in earlier cross
examination. The photo copies of the documents are marked exhibit for
identification purpose only. It is true to say that there is no seal,
signature or stamp of the accused on photo copy of Proforma Invoice
Exh.65 and 66. It is true to say that both photo copies are print outs of
Whats App message downloaded by me. Accused had sent the same to
me on my mobile phone. It is true to say that there is no name of
accused or his partners or his representatives in the print outs of screen
shots of Whats App messages produced by me at Exh.64. It is true to
say that there is no my signature on Income Tax Returns produced by
me at Exh.62 and 63. It is true to say that the Income Tax Returns are
not certified to be true by Chartered Accountant. I have personally filed
Income Tax Return and downloaded it from the Web Site of Income
Tax. I have shown the amount against the accused in Loans and
Advances column in my Income Tax Returns dated 27.07.2022. It is not
true to say that I do not possess any document with me to show that
the amount of Rs.10,58,108/- reflected in my Income Tax Return
against Loans and Advances pertains to the accused. I have bank
account statement, RTGS advance statement with me. I have produced
the bank statement Exh.27 and RTGS Slips alongwith it. It is not true to
say that the printouts of screen shots of Whats app messages produced
by me are false and fabricated documents. It is not true to say that the
Proforma Invoices produced by me are also false and fabricated
document.
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15 C.C.No.777/SS/2021
CW-1 Exh.20
22. Accused informed me about arriving the Oxygen
Concentrator through Whats App message and Whats App call. It is
true to say that the transaction taken place in entirety on whats app
calls, messages. Witness volunteers that the period was of COVID -19
pandemic period. It is true to say that till making payment to the
accused I have not met him personally. Even I have not met anybody
from the accused. I met the accused in the month of May 2021 or June
2021 when I made payment. It is not true to say that neither I have
placed any purchase order to the accused nor made any payment
against such purchase.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 21.04.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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 : 21.04.2025.
Transcribed and Typed on : 21.04.2025.
Order printed and Signed on : 21.04.2025.
Order Uploaded on : 21.04.2025.
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