Interim Order 2

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.478/SC/2022
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 : 05.06.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mr. Ghanshyam Tekchandani by advocate
Mr. Prashant Aher for the accused :
11. I know accused since last four to five years. I came in his
contact through one of my uncle Mr. Vinodbhai. I do not know the full
name of Mr. Vinodbhai. He is retired person. His son is in garment
business.
12. I am running the garment business in the name of Devi
Garments since last 20 years. It is true to say that number of cases are
pending in this court in respect of my garment business. The turnover
of my business for last three years may be approximately Rs.2 crores to
Rs.2.50 crores per year. The nature of my business is selling ready
made garments. I used to purchase stitched clothes from wholesale
market and sell it to the other customers. I purchase the garments from
various markets such as Delhi and Bombay. I possess the invoices for
purchasing said garments. I can not tell from which party I purchased
the clothes sold to the accused under the invoices. I am possessing the
invoices of goods purchased by me in the year 2020. I can produce the
invoices for year 2018, 2019, 2020. It is true to say that I have
maintained godown for storing the purchased clothes.
13. It is true to say that I do not posses any purchase order
given by accused against the goods supplied to him under invoice. It is
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CW-1 Exh.13
true to say that the goods sold to the accused were delivered by me
through tempo. It is true to say that I do not know the number of
tempo truck by which goods were delivered to the accused. It is not
true to say that I do not posses any proof for delivery of goods to the
accused. The acknowledgment given on bill and cheque is the proof of
delivery of the goods to the accused. Now I am shown bill Exh.16. It is
true to say that GST Number is indicated on the bill. It is true to say
that I have not paid the amount of GST mentioned in the bill. It is true
to say that I am not possessing delivery challan for delivery of the
goods. Witness volunteers that for the delivery of the goods within 50
km we do not use to send delivery challan. It is not true to say that I
am deposing false that delivery challan is not required for the goods to
be delivered within 50 km. It is true to say that E-way bill is mandatory
if goods worth more than Rs.50,000/- are to be delivered at any
destination. It is true to say that the number of tempo and details are
not mentioned in bill Exh.16. It is true to say that except the printed
mark of received goods, there is nothing mentioned on the bill by the
accused as to receiving goods in his hand writing. The goods are not
sent at out state to mention Lorry Receipt Number on the bill. I have
not sent goods in out state. It is true to say that the date of supply of
goods is also not mentioned in carbon copy of bill Exh.16.
14. It is true to say that the date mentioned over cheque
Exh.17 now shown to me is in my hand writing. It is not true to say
that cheque was given to me for security purpose. It is true to say that
the goods were delivered in the year 2020 and the date over cheque is
mentioned for year 2022. I had made contact with the accused before
presenting the cheque for realization. It is true to say that there was
whats app chat messaging in between me and accused. It is not true to
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say that in this said messages exchanged in between me and accused, it
is mentioned that I am doing money lending business. It is not true to
say that as per said chats/messages I had asked interest @ 3% from the
accused. It is not true to say that on 11.03.2019 I gave Rs.20 lakhs in
cash on interest to the accused. It is not true to say that accused repaid
said amount within three months that is in June 2019 in cash to me. It
is not true to say that despite repayment, the money lending business
with the accused was continued by me till year 2022. It is not true to
say that during said period dispute arise in between me and accused on
the point of paying interest. It is not true to say that despite returning
entire amount, I have not returned the cheque to the accused. It is true
to say that I have not given reply in rejoinder to the notice reply Exh.21
given by the accused. I am ready to produce five years Income Tax
Returns submitted for Devi Garment business.
15. It is not true to say that I am deposing false that I am
running garment business in the name of Devi Garments and supplying
cloths. It is not true to say that I am running money lending business. It
is not true to say that I am running money lending business under the
guise of Devi Garment business. It is not true to say that I have issued
bogus and forged bills like the bill Exh.16 produced by me in present
proceeding to more that 15 persons. It is not true to say that out of said
15 persons 3 cases are filed against another 3 persons in this court. It is
not true to say that no goods were delivered at any destination as per
bill Exh.16. It is not true to say that accused is not running business of
ready made garments and he is running battery business. It is not true
to say that I am deposing false against the accused and filed false
complaint.
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CW-1 Exh.13
On oral request of the advocate for the accused cross
examination is deferred till next date for producing the invoices and
Income Tax Returns.
R.O.A.C.
(M. P. Saraf)
Date : 05.06.2024 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 : 05.06.2024.
Transcribed and Typed on : 05.06.2024.
Order printed and Signed on : 05.06.2024.
Order Uploaded on : 05.06.2024.
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