Order 1

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.1040/SS/2018
CW01 Exh.05
19. 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 : 05.08.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW01 Deepak Kamble by advocate Arun Kumar
Khedia for accused No.1 to 3:
20. I can tell the date of cheques issued by the accused. I can
also tell the amount of the cheques. The accused had given two cheques. One
cheque was dated 10.02.2018 for an amount of Rs.8,50,000/. The other
cheque was also for an amount of Rs.8,50,000/. It was given in the month of
March 2018. I do not recollect the exact date. Both cheques were given for
one and the same transaction. It is true to say that the total amount of
liability is only Rs.8,50,000/ against the accused. I do not recollect the dates
on which I presented the cheques for encashment. The cheques were of HDFC
Bank, Pune. The cheque dated 10.02.2018 was dishonoured for the reason
'Funds Insufficient' and second cheque of the month of March 2018 was
dishonoured for the reason of 'Payment Stopped by Drawer'. The writing and
signatures over both cheques Exh.13 and 15 is of accused. He himself written
the cheques in my presence. The cheque are signed by accused No.2 Hemant
Dhongade. I can tell the exact transaction in between me and the accused.
21. I had to purchase machinery worth Rs.13,50,000/ from the
accused. I had paid Rs.8,50,000/ in advance to the accused in the year 2017
but he delayed delivery of machine. After verbal talk the accused gave me
offer letter of price of machine. I do not possess GST number. Therefore, in
the year 2017 I had not provided him GST number. I processed GST number
later on. I do not know that the purchase order of Rs.13,50,000/ was with
GST or without GST. I had placed the order in the name of DK Foods and
Agro Enterprises. My company establishment is at Satara. It is true to say that
the purchase order now shown to me shows my address at Laxminagar,
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7 C.C.No.1040/SS/2018
CW01 Exh.05
Koregaon, Dist. Satara. The purchase order dated 28.09.2017 is marked
Exh.29 being referred in cross examination. The cheques were given in my
personal name by the accused. I have not obtained the cheques forcibly by
threatening the accused. It is true to say that accused has filed police
complaint against me to Commissioner of Police, Pune and P.I. Bibvewadi
police station.
22. I have not given demand notice to the accused person after
dishonoured of the cheques. I again say that I came to my advocate after
dishonour of cheque and my advocate sent notice to the accused persons.
There was no written intimation given by the accused in respect of the
machine made and ready for delivery.
23. My Email id is kamdkboss@gmail.com. I had given my E
mail id to the accused persons. It is not true to say that the accused had
intimated me by Email dated 24.10.2017 about the machine ready for
delivery. Several losses caused to me due to dishonoured of the cheque.
Cross examination is over.
No Reexamination. R.O.A.C.
(M. P. Saraf)
Date : 05.08.2023 Metropolitan Magistrate,
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 05.08.2023.
Typed on : 05.08.2023.
Evidence printed and Signed on : 05.08.2023.
Order Uploaded on : 05.08.2023.
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