Order 3

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.116/SC/2021
CW-1 Exh.12
8. 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 : 08.07.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Durgamadhab Misra by advocate Mr.
K.D.Kothari for the accused:
9. I am M.A.LL.B. and practicing advocate. I was branch
Manager in Punjab National Bank in Recovery Department. I am retired
on 30.09.2020. In my family myself, my wife and my two sons. At the
time of retirement my monthly salary was around Rs.1,70,000/- per
month. I have maintained only in Punjab National Bank. I am submitting
Income Tax Regularly. I can file Income Tax Returns if required. My
monthly expenses in the year 2019 was around Rs.30,000/-. I have not
given loan to any of my family members in the year 2019, 2020 and 2021.
I have obtained only vehicle loan. I know accused through our common
friend Mr. Rajendra Pol since year 2018. I can tell about the family
members of accused. I had attended function at house of accused once in
Ganapti Festival. He had also visited my home. In the year 2019-20
accused was in the business of property as well as running a restaurant. I
never inquired about goodwill of accused. It is true to say that there is no
other transaction in between me and accused besides present friendly loan
transaction. It is not true to say that I have not filed any document
showing I had paid Rs.5 lakhs to the accused. I have produced my bank
account statement. I again say I will produce my bank account statement
on next date. I had given money by cheque in one installment. It is not
true to say that accused has never received Rs.5 lakhs vide cheque
No.075989 dated 31.10.2020. The date is wrongly mentioned. It is
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7 C.C.No.116/SC/2021
CW-1 Exh.12
23.10.2020. It is not true to say that I have no document to show that
accused is liable to make me payment of Rs.5 lakhs. Accused has admitted
the liability by sending E-mail to me. The friendly loan was without any
interest. It is true to say that the cheque bearing No.000022 for
Rs.25,000/- is deposited in my account. It is not true to say that the
amount of Rs.25,000/- vide above cheque was not given towards interest
by the accused. Witness states that it was given towards interest. It is true
to say that I do not possess any document with which would show that
accused had paid said amount of Rs.25,000/- towards interest. It is not
true to say that as I was in need of money, accused had given me cheque
of Rs.25,000/- and Rs.5 lakhs. It is true to say that I do not possess any
Promissory Note issued by the accused.
10. Now I am shown cheque Exh.14. It is not true to say that
accused had given me blank cheque only with signature. It is not true to
say that I have filled and written the contents of cheque. It is not true to
say that the ink by which name of payee is written on the cheque and the
ink of date is different. It is not true to say that accused had never given
cheque Exh.14 signing the same to me. It is not true to say that I have
forged signature of accused on cheque Exh.14. It is not true to say that
somebody on behalf of me has forged signature of accused on cheque
Exh.14. It is not true to say that on 26.03.2021 accused was not liable to
pay me Rs.5 lakhs.
On oral request of the advocate for the accused cross examination
is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 08.07.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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8 C.C.No.116/SC/2021
CW-1 Exh.12
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 : 08.07.2025.
Transcribed and Typed on : 08.07.2025.
Order printed and Signed on : 08.07.2025.
Order Uploaded on : 08.07.2025.
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