Interim Order 3

Order Details: Copy of Document.
Pdf Text: 5 C.C.No.1023/SS/2018
CW-1 Exh.19
9. 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 : 02.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Anil Yashwant Sagwekar by advocate
Sunil K. Mishra for the accused :
10. I am serving in Adani Electricity company since last 15
years. I am 10th std failed. I came in contact of accused No.1 Credit
Society through my friends Mr. Sandip Gurav and Mr. Vijay Gaonkar
who told me about the scheme run by accused No.1. I can tell only
name of Chairman and Treasurer of accused No.1 Credit Society. I am
not aware the names of other officer bearers.
11. It is true to say that there was scheme of providing houses
at reasonable rates run by accused No.1 is not mentioned by me in my
demand notice Exh.22. I can not assign any reason as to why said
averments are not made by my advocate in demand notice. It is true to
say that there is no averments made in respect of alleged transaction in
my demand notice. It is true to say that I have demanded Rs.5 lakhs
alongwith Rs.25,000/- as penalty in my demand notice. I have
maintained bank account only in Punjab National Bank, Santacruz(W)
branch. I can produce my bank account statement for the year 2016 to
2018. I have already produced my bank account statement at Exh.16.
12. It is not true to say that accused have given subject cheque
as a blank signed cheque to me towards security. It is not true to say
that I am deposing false that I paid Rs.5 lakhs to accused No.1 Credit
Co-operative Society. The cheque was given to me by some employee of
Credit Society. I do not know who had written the cheque. It is true to
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CW-1 Exh.19
say that I can not tell the name of person who give me said cheque. It
is true to say that there is no signature of Branch Manager on cheque
return memo.
Accused absent. Cross examination deferred on oral request of
advocate for accused, subject to cost of Rs.2,000/- to be paid to the
complainant. Advocate for accused is directed to keep the accused
present on next date.
R.O.A.C.
(M. P. Saraf)
Date : 02.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
Date : 31.01.2026
Resumed on S.A.
Further cross examination of CW-01- Anil Yashwant Sagwekar by
advocate Sunil K. Mishra for the accused :
13. It is not true to say that cheque return memo produced by
me is fabricated and bogus. It is true to say that contents of demand
notice are narrated by me and my advocate has reproduced it. I have
made accused Mr. S.M.Khan and Surendrakumar Gupta and Sai
Sharddha Co-operative Society. It is true to say that I had made same
allegation against all accused. It is not true to say that I join in hands
with accused Surendra Gupta and dropped proceeding against him in
collusion. It is not true to say that I have falsely implicated accused
S.M.Khan. It is not true to say that he has no liability or concern with
transaction. It is true to say that the signature of Chairman on Fixed
Deposit receipt Exh.17, 18 is different than the signature of Chairman
endorsed on cheque Exh.20. It is true to say that I am not aware
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personally who has signed cheque Exh.20 either in the capacity of
Chairman or Treasurer of accused No.1. The signature on letter Exh.19
addressed to me bears signature of accused Surendra Gupta. It is true
to say that there is no signature of Chairman on letter Exh.19. It is not
true to say that I have not made necessary parties in the proceeding as
per law. It is true to say that averments made in para No.1 to 8 of my
complaint are not written in demand notice Exh.22 dated 16.03.2018.
It is not true to say that I have narrated the averments made in para
No.1 to 8 of my complaint after thought without mentioning the same
in demand notice. It is not true to say that accused No.2 is not liable to
pay me any amount. It is not true to say that I never met accused No.2
Mr. S.M.Khan. It is true to say that accused not received demand notice.
It is true to say that I do not know full name of the person who gave
cheque to me. It is not true to say that I have not made party to the
authorized signatory of the accused No.1 society and filed false case
against accused. It is not true to say that I have falsely implicated
accused No.2 in the Proceeding. It is not true to say that accused No.2
is not liable to pay any amount to me.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 31.01.2026 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 : 31.01.2026
Transcribed and Typed on : 31.01.2026
Order printed and Signed on : 31.01.2026
Order Uploaded on : 31.01.2026
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