Order 2

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.716/SS/2021
CW-1 Exh.13
10. 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 : 20.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Purvang V. Doshi by advocate
Mr.S.R.Sharma for the accused :
11. I am serving in a Diamond manufacturing company since
year 2008 in Naresh Exports. In the year 2020-2021 I was getting
Rs.30,000/- per month salary. I am staying with my family at
Bhayinder. It is not true to say that I have to spent entire monthly
salary for meeting of family expenses. It is true to say that before year
2020 I was getting salary of Rs.15,000/- per month. During year 2020-
2021 my yearly saving was approximately Rs.1 lakh. I am not
assessable to pay Income Tax and as such I am not filing Income Tax
Returns. I can produce Bank Passbook to show my yearly income of
Rs.1 lakh in the year 2020. It is not true to say that in the year 2020 I
had no financial capacity to make investment of Rs.12,50,000/-. I have
obtained money from my wife and brother.
12. I am knowing accused since year 2019. We are staying
opposite to each other in same building. It is true to say that I have no
personal knowledge in respect of NIIT TECH Company. It is true to say
that I am not aware whether accused is serving in said company. It is
true to say that I had not personally seen any advertise or otherwise the
offer of company a buy back offer. It is true to say that I had not seen
any document of offer of increase of particular percent in investment. It
is true to say that there is no agreement directly in between me and
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NIIT TECH Company regarding investment scheme. I had invested
Rs.11,83,750/- in said buy back offer of the company. It is true to say
that said amount is not given by me directly to the company from my
account. I had given said amount to accused for the purpose of
investment. It is true to say that entire amount is not deposited in the
account of accused. The amount came to be deposited as per directions
of accused. Some amount is deposited in the account of his mother.
Except accused and his mother the amount is not deposited to any
other third party’s account. It is true to say that right now I can not tell
exactly how much amount was deposited in the account of accused or
his mother. I can tell the exact figure by verifying my passbook and
record on next date. It is true to say that I have stated an amount of
investment of Rs.12,50,000/- in my complaint and affidavit. Said
amount is after adding profit on the amount of investment. It is true to
say that I have not stated in my notice, complaint, evidence affidavit
that I invested Rs.11,83,750/-. I again say I have stated in my notice.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 20.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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8 C.C.No.716/SS/2021
CW-1 Exh.13
Date : 06.11.2025
Resumed on S.A.
Further cross examination of CW-01- Purvang V. Doshi by advocate
Mr.S.R.Sharma for the accused :
13. I do not possess Bank Passbook or Account Statement to
show that Rs.11,83,750/- was given to the accused as it was given
partly in cash or by cheque and by online transaction. It is true to say
that I have not obtained receipt of amount of Rs.11,83,750/- given to
the accused. It is true to say that I have not executed any Agreement or
receipt to show that I gave said amount to the accused for the purpose
of investment. It is not true to say that I have not obtained receipt in
token of money given to the mother of the accused. It is not true to say
that the chart of amount of Rs.11,83,750/- given to the accused and
mentioned in demand notice para 2 is false. After giving money I never
approached to the NIIT Tech Company in which the money was
invested. It is true to say that no transaction was taken place in
between me and NIIT Tech Company.
14. It is true to say that I approached to the police but after
making attempt of suicide by the accused Rahi Gandhi when police
called us. It is not true to say that I have lodged complaint against him.
I have not obtained forcibly any cheques from the accused. Accused
himself gave me two cheques for returning money. I do not remember
the date of receiving both cheques. It is not true to say that whenever I
received both cheques, those cheques were only belonging signature
and blank. Now I am shown cheque Exh.15. It is not true to say that I
do not have personal knowledge as to the writing of the contents of the
cheque. Accused himself written the cheque in my presence. Second
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cheque is not in my possession. I have returned it to him.
15. It is not true to say that there was friendly loan transaction
in between me and accused and not the transaction of any investment.
It is not true to say that accused has repaid me all the amount which he
received by online payment or bank transfer. It is not true to say that I
had obtained those two cheques towards security of transaction. It is
not true to say that I misused the cheque despite receiving amount.
16. I do not remember whether I have not informed the
accused before depositing the cheque Exh.15. It is true to say that
cheque return memo Exh.16 do not bears signature of bank manager
and seal of the bank. It is not true to say that the cheque was neither
deposited nor dishonored by the bank. It is not true to say that cheque
return memo Exh.16 is forged, false and fabricated.
17. It is not true to say that accused is not staying at the
address mentioned in demand notice Exh.17. It is not true to say that
accused is serving and staying at Pune. It is not true to say that accused
has not received the demand notice.
18. It is not true to say that the alleged transaction of
investment is against Public Policy and illegal. Witness volunteers that
accused himself had brought said scheme for us to making investment.
It is not true to say that I am deposing false that I invested money with
the accused. It is not true to say that I am deposing false that some
amount was paid to the accused and some amount was given to the
mother of the accused for making investment. It is not true to say that I
am deposing false that accused issued subject cheque for repayment of
said money. It is not true to say that I am deposing false that accused
himself wrote the cheque and issued it to me. It is not true to say that I
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am deposing false that accused is liable to make payment of dishonored
cheque to me. It is not true to say that I have filed false complaint
against the accused by misusing his cheques issued towards security of
friendly loan transaction. It is not true to say that I am deposing false.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 06.11.2025 Judicial Magistrate(First Class),
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 : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 06.11.2025.
Transcribed and Typed on : 06.11.2025.
Order printed and Signed on : 06.11.2025.
Order Uploaded on : 07.11.2025.
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