Order 2

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.1132/SS/2019
CW-01 Exh.04
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 : 04.11.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-01 Prabhakar Shankar Ingale by Advocate
R.M.Agrawal for the accused :
9. I am running ancestral business of cobbler by name
Ramlaxman Tanning Company. The company is run by we all family
members. It is true to say that it is our Joint Family but not a
Partnership Firm. I am maintaining account in Abhyudaya Co-operative
Bank, Dharavi. The said account is my personal savings account. The
account is opened at Dharavi Home branch. We are not paying GST for
the business of company as the business is stopped. Our business
stopped in the year 2000. Thereafter, I had done no any other business.
The occupation mentioned as business in my affidavit is not wrong as I
am running small business of making hand glows. I am not deposing
false that we stopped the Tanning Company and thereafter not doing
any business. I possess no Shop Act Licence or Gumasta Licence for the
business of making hand glows. We are running said small business by
ourselves. My brother, myself and one labour used to stitch the hand
glows for the material provided by the persons. This business is started
after year 2000 in cash mode. I am not paying any profession tax for
running said business. I have not obtained PAN card for the said
business but I am holding my personal PAN card. I am not maintaining
account or audit of our said business of making hand glows.
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10. Name of my wife is Padma Prabhakar Ingale. She expired in
last year. She was alive on the date of presenting the complaint. It is
true to say that I have not mentioned the specific date of approaching
by the accused and giving Rs.12,00,000/- in cash to her in my notice,
complaint and evidence affidavit. I can assign the reason for not
mentioning specific date. It might be mistake. I have not read the
notice Exh.20 given by my advocate before dispatching the same to the
accused. I have read the contents of complaint. I have read contents of
evidence affidavit. I have not inquired with my advocate as to why
specific date of giving cash to the accused is not mentioned in my
complaint and affidavit.
11. The accused is my relative. I can assign reason as to why two
separate cheques for same date, same bank and same account were
received. I can not assign any reason as to why only cheque for total
amount of two cheques was not given by the accused. The accused gave
me two cheques. I am maintaining my saving account in Abhyudaya
Co-operative bank since last 10 to 12 years. I do not know whether
bank takes charges for dishonor of cheque. I have not checked my
account statement for said purpose. I have not asked the accused to
give a single cheque for total amount of first installment. I do not know
how much installments were fixed against Rs.12,00,000/-. I do not
know the education of my maternal cousin sister accused. I do not
know whether she is aware or not aware to read and write English. It is
true to say that there is difference of ink in the name, date, words and
figure and signature of the accused in both cheques. It is true to say
that there is difference of hand writing on the cheques Exh.16 and 18. I
do not know whose hand writing is on the cheques at Exh.16 and 18. I
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have not asked the accused to fill the contents of the cheques Exh.16
and 18 in my presence. It is not true to say that the hand writing over
the cheques in respect of date, name of payee, amount in word and
figure is not of accused. It is not true to say that accused has not given
both cheques for repayment of alleged Rs.12 lakhs as stated by me. It is
not true to say that accused has given blank cheques with her signature
to me.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 04.11.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
Date : 13.08.2025
Resumed on S.A.
Cross examination of CW-01 Prabhakar Shankar Ingale by Advocate
R.M.Agrawal for the accused :
12. Myself and my wife was the member in the Bhishi run by
accused. The Bhishi/Lottery was on monthly basis for Rs.10,000/- for
me and Rs.5,000/- for my wife to be paid towards monthly installment
of Bhishi. Both lotteries were separate. In both monthly lotteries, there
were total 20 members in each Bhishi. I do not know names of all
members of Bhishi. Both lotteries were based on auction. I do not know
who obtained the monthly amount of lottery on auction Bhishi. I have
not sought information as to which members obtained the monthly
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auction Bhishi. I do not know who committed default of the
membership monthly installment of Bhishi nor I tried to seek such
information. I do not know which member took or obtained the Bhishi
and for what amount. I do not know who obtained or received the
amount of monthly Bhishi in auction for which price. My wife was
knowing everything but she is expired prior to two years. I have not
taken information from other members after death of my wife. It is true
to say that the profit in auction Bhishi used to be divided equally
among the members. It is true to say that the amount of monthly
installment of Bhishi used to be taken by deducting the amount ratio of
profit per member from the members. We have no profit gained from
the Bhishi at all. I can not tell how much total amount I and my wife
had paid towards 20 monthly installments of Bhishi. However,
randomly I can say that we have paid Rs.3 lakhs for both. I do not
know whether accused possess any Shop Act Licence. It is not true to
say that the business of lottery or auction Bhishi was illegal.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 13.08.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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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 : 13.08.2025.
Typed on : 13.08.2025.
Evidence printed and Signed on : 13.08.2025.
Order Uploaded on : 13.08.2025.
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