Interim Order 2

Order Details: Copy of Document.
Pdf Text: C.C.No.94/SC/2021
CW-01 Exh.36
13. Whatever stated by me in my evidence affidavit is true and
correct and in token thereof I have signed the affidavit.
Sd/-
(B.S.Sankpal)
Date : 17.09.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-02 Mr. Aditya Sekasaria by advocate Shri.
Milind Gaware for accused:
14. I am the Managing Director of complainant company. Mrs.
Savita Seksaria is another director of the said company. The jurisdiction
of the complainant company for it’s business is PAN India. At the time
of filing complaint the registered office of the complainant company
was situated at Calcutta and now it is situated at Mumbai. in the year
2021 the complainant company used to maintained the minutes book.
It is true to say that my affidavit is not tagged with copy of minutes
book.
15. My lawyer has prepared Exh-39. I am the operator of the
complainant company. I have taken photographs filed at Exh-38 on
the desktop of my personal computer. It is true to say that at Exh-39 it
is not mentioned that I have stored the screenshots on the desktop of
my personal computer. It is true to say that it is nowhere mentioned in
Exh-39 that from which printer I have taken the same printouts. It is
true to say that it is not mentioned in Exh-39 that which printer or
personal computer was in my possession and control.
16. It is true to say that I have no document to show that Mr.
Dharmesh Sanghvi is the proprietor of M/s. H.P. Clothing. It is not true
to say that I never asked Mr. Dharmesh about the said documents. It is
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true to say that I never prepared tax invoice on the personal name of
Dharmesh Sanghvi. Witness volunteers that I prepared in the name of
H.P. Clothing. It is true to say that I never prepared invoice which
shows that Mr. Dharmesh Sanghvi is the Proprietor of H.P. Clothing. It
is true to say that I never prepared the tax invoice in the name of M/s.
Akshat Fashions. It is true to say that I never prepared the tax invoice in
the name of M/s. Akshat Fashion because the said firm is not liable to
pay me any money.
17. The Complainant company use to maintain order book.
Question :- You don’t have any document to show that M/s. H.P.
Clothing or M/s. Akshat Fashions had made any order to
you ?
Answer :- The transaction was of the year 2020 which was the
period of completion of covid situation, therefore, no
order books with the company and the verbal
communication was going on.
In the year 2020 the complainant company used to maintain purchase
order, Tax invoice, sale invoice and anything related to the account. The
complainant company used to prepare delivery challan in the year
2020. The company use to prepare tax invoices before delivery. Witness
volunteers that the company use to send the said tax invoices along
with Lorry receipt. It is true to say that in the said case the delivery
challan is not produced. The witness voluntarily states that all details
are mentioned in the receipt. It is true to say that there is no seal of H.P.
Clothing and signature of Mr. Dharmesh Sanghvi on the tax invoice
filed at Exh-15. It is true to say that in the lorry receipt filed at Exh-19
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mentioned the different tax invoice number.
18. Exh-30 is a track report in connection with the notice issued
to the accused. In the track report, it is mention that the item was
booked on 28-05-2021. The notices on both addresses were issued by
me. I had issued notices on address of Kandivali and Kalbadevi. It is
true to say that I have not issued demand notice to the accused on the
address mentioned in the tax invoice. It is not true to say that the
accused has not received notice.
19. It is true to say that I have no document or message to show
that Mr. Dharmesh Sanghvi is liable to pay me money on behalf of M/s.
H.P. Clothing.
20. It is not true to say that I never sent the goods as mentioned in
my Affidavit to Mr. Dharmesh Sanghvi. It is not true to say that Mr.
Dharmesh Sanghvi is not liable to pay me any money. It is not true to
say that the complainant has filed false case against the accused. It is
not true to say that in the year 2021 the board meeting was never
arranged. It is not true to say that therefore, I have not filed any
document in connection with the said board meeting. It is not true to
say that the contents mentioned in my Affidavit of Examination in Chief
are false.
Re-examination by learned advocate of the complainant-
21. Now, Exh-30 is shown to me. It shows that the item was
booked on 17-07-2021. The said demand notice was posted on 17-07-
2021.
Cross-examination by defense advocate-
22. The notice Exh-24 contains the date 19-07-2021. It is true to
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say that I never posted any notice on 19-07-2021. I don’t remember
that I never issued the notice after 19-07-2021.
Sd/-
(B.S.Sankpal)
Date : 17.09.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH02385
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