Order 3

Order Details: Copy of Document.
Pdf Text: 7 C.C.No.21/SC/2021
CW-1 Exh.17
Witness recalled vide order dated 21.06.2024 at Exh.42.
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 : 31.08.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Moti Pratabrai Tolani by advocate Mr.
Samrudha Ludbe for the accused :
21. I am connected with Film Line since 54 years. I have never
financed any producer. I used to be a producer, dubbing pictures in
Film Line. I am knowing accused since last 40 years. His father was my
good friend. Accused is also connected with Film Line and as such I am
knowing him. The accused used to distribute the pictures/films taken
by me for distribution on commission basis. The accused and his wife
approached me on 07.03.2020. They told me that they are producing a
Film named ‘Crime Girl’. For their help I gave them Rs.3 lakhs each. I
have not financed them but I have given money on the basis of fixed
profit. We entered into Agreement on 10.07.2021.
22. Now I am shown a photo copy of document named ‘Crime
Girl’. It is true to say that in said document it is shown that accused is
story writer. The document is marked as Exh.47 as the same is referred
in cross examination. It is incorrect to say that producer who produces
the Film is in obligation to collect finance or distribute the same. It is
not true to say that the producer or director has right to collect the
money for the Film. It is true to say that the period in which I gave
money to the accused was Lock Down period of COVID-19 pandemic.
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CW-1 Exh.17
It is not true to say that all the theaters were closed during Lock Down
period. Somewhere the theaters were opened and Films were
displayed. Now I am shown bank statement Exh.19 produced by me.
Now I am shown entry dated 10.02.2020 in Exh.19 pertaining to Rs.1
lakh and Rs.50,000/- in deposit column of the statement. I again say
that said amount is transferred by me to the account of accused. It is
not true to say that I am deposing false that I paid Rs.1 lakh and
Rs.50,000/- on 10.02.2020 to the accused. It is not true to say that I
paid the amount to accused after receiving Rs.1,50,000/- from him on
09.03.2020. It is not true to say that I returned money to the accused
after one month of receiving the same from accused.
23. Now I am shown Agreement dated 10.07.2021 Exh.21. The
amount of profit of Rs.22,500/- mentioned in para ‘C’ of Agreement
was the lumpsum amount of profit agreed between us. It is not true to
say that the Agreement is a Finance Agreement. It is true to say that on
the date of advancing money to the accused I have not signed any
Agreement. The Agreement is executed on 10.07.2021 after laps of
period of one year because meanwhile he was paying me money. It is
true to say that I have not mentioned specifically as to what amount I
received during said period.
24. Now I am shown cheque Exh.22. The cheque is written by
the accused and given to me. He has signed the cheque in my presence
before me. It is not true to say that I was given blank cheque. It is not
true to say that the cheque was given against finance and I misused it.
It is not true to say that I have deliberately not mentioned the payment
received from accused prior to date of execution of Agreement and
actual disbursement. I have not mentioned it as there was no dispute in
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9 C.C.No.21/SC/2021
CW-1 Exh.17
regards previous payment before entering into an Agreement. It is not
true to say that I had threatened the accused not to release the Film
‘Crime Girl’. It is not true to say that I have filed false case against
accused. It is not true to say that accused is not legally liable to make
any payment to me. It is not true to say that whatever amount paid by
the accused from 07.03.2020 to the date of Agreement that is
10.07.2021 was paid as an interest. I have not financed on interest I am
not doing business giving money on interest. It is not true to say that I
have filed complaint only to extort money from the accused.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 31.08.2024 Judicial Magistrate, First Class,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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10 C.C.No.21/SC/2021
CW-1 Exh.17
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 : 31.08.2024.
Transcribed and Typed on : 31.08.2024.
Order printed and Signed on : 31.08.2024.
Order Uploaded on : 31.08.2024.
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