Order 1

Order Details: Copy of Document.
Pdf Text: 5 C.C.No.1122/SS/2018
CW-1 Exh.05
11. 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 : 03.10.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Riyaz Hamid Khan by advocate Ms.Priya
Pandey for the accused :
12. I am doing printing business. I know only accused No.2
Laxman Chari and Amit Laxman Chari accused No.3. I know them since
year 2018 when they placed the order. It is true to say that prior to year
2018 I was not knowing the accused. It is true to say that there was no
business transaction with the accused persons prior to year 2018. I
have not obtained any document from the accused to show that they
are directors of accused No.1 company. It is true to say that Print Kraft
is my Proprietorship Firm. I do not possess any document with me to
show that I am Proprietor of Print Kraft. Accused No.3 Amit Chari had
given the orders of printing fabrics to me. I personally used to prepare
the bill and sent to the accused in my hand writing. Accused used to
accept the invoices sent by me. The employees of accused namely Mr.
Rajan used to accept and sign invoices. Now I am shown Invoice
Exh.16. It does not bear signature of accused No.3 or Manager Rajan.
It is not true to say that accused has not accepted and signed any
invoice. It is not true to say that I have filed forged Invoices. It is true to
say that none of the invoices bears signature of accused No.3. I do not
know which signature is signature of Mr. Rajan. It is true to say that
there is no seal or stamp of receiver of goods on any of the invoices. It
is not true to say that I have prepared false and forged bills of the
invoices. There is no fixed time limit to obtain payment from the party.
-- 1 of 3 --
6 C.C.No.1122/SS/2018
CW-1 Exh.05
It may vary party to party and some times payment received even after
three months. Accused has given all post dated cheques at a interval of
one month. Manager Mr. Sawant of accused company issued all the
cheques. Now I am shown cheques Exh.35 to 37. I do not know whose
signatures are on the cheques Exh.35 to 37. It is true to say that these
cheques are not prepared in my presence. It is not true to say that I was
not given instructions to deposit the cheques. It is true to say that first
cheque Exh.35 is dated 17.02.2018 and I presented it for encashment
on 18.04.2018. It is true to say that the cheque Exh.36 is dated
17.03.2018 and I presented it for encashment on 18.04.2018. It is true
to say that the cheque Exh.37 is dated 17.04.2018 and I presented it for
encashment on 18.04.2018. Accused gave me total 5 post dated
cheques. Contents of paragraph No.7 of my evidence affidavit are
correct. It is not true to say that I had no instructions from the accused
to deposit disputed cheques. I deposited the cheques as per dates with
instructions to the accused. It is not true to say that cheques were never
issued to me by the accused. It is not true to say that accused has no
liability towards me to honor the cheques.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 03.10.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 2 of 3 --
7 C.C.No.1122/SS/2018
CW-1 Exh.05
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 : 03.10.2025
Transcribed and Typed on : 03.10.2025
Order printed and Signed on : 03.10.2025
Order Uploaded on : 04.10.2025
-- 3 of 3 --