Order 1

Order Details: Copy of Document.
Pdf Text: 12 C.C.No.733/SS/2018
CW-1 Exh.7 & 31
1. Whatever stated by me in my evidence affidavit is true
and correct and in token thereof I have signed the affidavit. Additional
evidence affidavit Exh.31 and its contents are true.
(M. P. Saraf)
Date : 05.12.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Kanak Shamjibhai Ujaria by advocate Mr.
T. V. Louis for the accused :
2. In the year 2014-2015 I was working with accused on
Commission basis. At present I am working in Ambika xerox shop. It is
true to say that in the year 2014-2015 I was not working in Ambika
shop. At that time I was working for accused Kalpesh. I was doing work
of supplying stationary for accused. It is true to say that I was one of
the staff member of accused Kalpesh. Kalpesh used to purchase
stationary material from market and I used to supply it in various
offices. I was not getting salary but I was getting commission. I was
getting 30% commission on the turn over of sale. Kalpeshbhai owner of
Swastik Stationary used to finance for purchasing stationary and other
material. He used to pay directly to company from which the
stationary used to purchase. It is not true to say that I used to receive
payment by cheque. I was getting payment in cash. It is not true to say
that accused was giving me cheque for purchasing material from
market. It is not true to say that there was no agreement in between me
and accused. It is not true to say that accused was paying me salary and
not any commission. It is not true to say that accused had kept his
signed cheque for giving it to the supplier in office. In the year 2014-
2015 my yearly income approximately Rs.6 lakhs. I was not submitting
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13 C.C.No.733/SS/2018
CW-1 Exh.7 & 31
income tax returns in the year 2014-2015. Accused was to pay me
total commission of Rs.7,65,000/- for the year 2014-2015. The total
business of supply of stationary in the year 2014-2015 was
approximately Rs.25 to Rs.30 lakhs. I do not have any receipt or
document to show the turnover of sale of stationary of Rs.25 lakhs in
the year 2014-2015. I have no record maintained in any account book
or diary to show particular supply of stationary for the year 2014-2015.
It is not true to say that I am deposing false that the sale of stationary
in the year 2014-2015 was approximately Rs.25 to Rs.30 lakhs. It is not
true to say that accused had never promised 30% commission for
supply of stationary to me. It is not true to say that accused had given
me blank signed cheque for giving it to supplier keeping faith on me
and I misused it. Accused is my distant relative. It is not true to say
that I have misused cheques of accused after quarrel with him. It is not
true to say that after leaving job, I threatened the accused. Right now
my yearly income is around Rs.5 lakhs. I am now submitting Income
Tax Returns. I will produce the Income Tax Returns with Computation
of Income for last three financial years audited and certified by
Chartered Accountant.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 05.12.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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14 C.C.No.733/SS/2018
CW-1 Exh.7 & 31
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 : 05.12.2025
Transcribed and Typed on : 05.12.2025
Order printed and Signed on : 05.12.2025
Order Uploaded on : 05.12.2025
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