Interim Order 2

Order Details: Copy of Document.
Pdf Text: 10 C.C.No.53/SS/2021
CW-1 Exh.15
23. 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 : 06.12.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Suraj Vasudeva Kotian by advocate Mr.
S.M.Shirsat for the accused :
24. I can understand Marathi language. I am serving in Indigo
Airlines since last 16 years as a Assistant Manager. I am earning net
salary of Rs.65,000/- per month. My monthly gross salary is
Rs.75,000/- plus. The accused is like a my elder sister. It is true to say
that I am having friendly relations with her since her marriage. I gave
the amount mentioned in transaction to the accused and one of her
partner Mr. Glen Nazareth. It is true that I had given friendly loan but
the accused herself had told me that she would give me interest at the
rate of 30% per annum. It is true to say that there is no written
agreement in respect of giving interest at the rate of 30% per annum on
the amount of friendly loan. I am submitting income tax returns. I have
not shown the alleged loan transaction in my Income Tax Returns.
25. I can not tell what documentary evidence I have filed to
show parting particular amount to accused. It is not true to say that I
have not produced any document to show that I had the amount of
Rs.22,90,000/- with me to give it to accused. I have produced bank
account statement. It is not true to say that I have filed incomplete and
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11 C.C.No.53/SS/2021
CW-1 Exh.15
false account statement.
Cross examination deferred till next date as recess.
R.O.A.C.
(M. P. Saraf)
Date : 06.12.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
Date :23.04.2024
Resumed on S.A.
Further cross examination of CW-01- Suraj Vasudeva Kotian by
advocate Mr. S.M.Shirsat for the accused :
26. I had given amount of Rs.22,90,000/- to the accused in cash
and by Gpay mode at Airport and Kalina. I can not tell date of giving
money to the accused. Witness again states that I paid Rs.16,40,000/-
and Rs.6,50,000/- is the amount of interest. The interest was to be paid
at the rate of 30% per annum. I do not possess licence to lend money
on interest. I am submitting Income Tax Return. I do not know whether
my Chartered Accountant has disclosed or not disclosed the amount of
loan paid to the accused in Income Tax Return. The cheques referred in
my evidence affidavit are not the post dated cheques. I obtained above
cheques in the month of March 2021. I had obtained 5 cheques in total.
It is true to say that I have not produced any return notice or
instruction given to the accused before presenting the cheque for
encashment. The cheques were presented in presence of the accused
for encashment.
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12 C.C.No.53/SS/2021
CW-1 Exh.15
27. It is not true to say that I had sent two notices to the accused.
I sent one notice by speed post and other by regular post. Both notices
are same. It is true to say that same notice was sent by me to the son
and daughter in law and brother of the accused. I sent said notices on
Whatsapp. It is not true to say that I have defamed the accused by
various modes of social media. It is not true to say that both cheques
were obtained by me from the accused towards security. It is not true to
say that as on date I have paid only Rs.3,43,000/- to the accused. It is
not true to say that accused has paid me Rs.6,60,550/- against said
amount. Now I am shown cheque Exh.17 and 18. It is not true to say
that the hand writing over both cheques is my hand writing. I again say
that hand writing as to the contents of cheques is my hand writing and
signature is of accused. It is not true to say that I had misused the
cheques given by the accused to me. It is not true to say that accused is
not legally liable to pay me any amount as stated by me and mentioned
in the cheques Exh.17 and 18. 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 : 23.04.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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