Interim Order 1

Order Details: Copy of Document.
Pdf Text: 11 C.C.No.76/SS/2021
CW-1 Exh.18
15. 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 : 08.11.2024 Judicial Magistrate(First Class)
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mr. Sunil Vithaldas Jamnadas by advocate
Mr. Gulab Chand Vishwakarma for the accused :
16. It is not true to say that I am Karta of M/s.Vithaldas
Jamnadas. I am Karta of Jamnadas Mathuradas HUF which is
Proprietor of M/s.Vithaldas Jamnadas. The Proprietory Concern has a
object of investment. It is not true to say that M/s.Vithaldas Jamnadas
is also advancing loan. Question does not arise for taking interest on
giving money. We are taking money on the basis of Bill discounting.
The discounting charges are the charges born by the person who is
discounting the Bill of Exchange. The term Bill discounting charges is
mentioned in the Negotiable Instrument Act. I do not recollect the
provision in respect of Bill discounting charges in Negotiable
Instrument Act. The amount paid to the accused was given out of
account of M/s.Vithaldas Jamnadas. It is not true to say that generally I
used to obtain cheque alongwith Bill of Exchange towards security
when I give money. It is true to say that the amount given by me was
paid to accused No.1 company. It is not true to say that said amount is
not given to accused No.2 and 3.
17. It is not true to say that complainant has given money to
the accused No.1 even prior to 29.06.2020. This is the sole transaction.
It is not true to say that I had given Rs.25 lakhs to the accused No.1
company prior to 6 months of 29.06.2020. It is not true to say that I
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CW-1 Exh.18
had given money to the accused No.1 company deducting 30% amount
of said amount at the time of giving 70% amount. It is not true to say
that accused No.1 company has repaid me Rs.2,70,000/- against
amount of Rs.9 lakhs. I have mentioned specifically in para 5 of my
evidence affidavit as to the amount paid to accused by NEFT that is
Rs.2,43,000/- and Bill Discounting charges deducting TDS of
Rs.27,000/-. It is not true to say that I have not given details of money
paid to the accused No.1 in my affidavit and complaint. It is not true to
say that accused No.1 company has returned me excess money than
whatever amount I gave in the name of company. It is not true to say
that accused is not liable to pay me Rs.7,80,000/-. It is true to say that
I have not produced my bank account statement to show the amount
paid to the accused by RTGS. I am not ready to produce the Bank
account statement for the period January 2020 to 29.06.2020.
18. I am not aware whether the management of accused No.1
company is looked after by IRP Viral Vora as per order of Hon’ble NCLT.
19. It is true to say that the hand writing as to the contents
over cheque Exh.22 and the signature is in two different inks. It is not
true to say that cheque Exh.22 was given towards security. It is not true
to say that I had misused said cheque. It is not true to say that I have
filed false complainant misusing the cheque against the accused. It is
not true to say that I have presented the cheque for realization without
informing to the accused filling directly by myself. It is not true to say
that accused are not liable to pay me any money. It is not true to say
that I have filed false case against all the accused.
20. It is not true to say that the notice sent by me to the
accused is not received by the accused. It is true to say that I had not
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CW-1 Exh.18
signed statutory notice Exh.24. It is not true to say that I have not given
any instructions to my advocate and as such I have not signed the
statutory notice.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 08.11.2024 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 : 08.11.2024.
Transcribed and Typed on : 08.11.2024.
Order printed and Signed on : 08.11.2024.
Order Uploaded on : 08.11.2024.
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