Interim Order 3

Order Details: Copy of Document.
Pdf Text: C.C.No.144/SC/2021
DW-01 Exh.36
DW-01
I solemnly affirm on oath that -
My name is Ghanashyam Jagannath Gupta
Age : 35 years, Occupation : Rickshaw Driver,
R/o. Khar(E), Mumbai.
Examination-in-Chief of DW-01 by adv. Mr. Vishwanath Nair for the
accused :
1. I was serving with the accused in the year 2016. I used to drive
his vehicle. Complainant was running Travels Business. He had 4 to 5
vehicles. I came to know through my brother that complainant is going to
sell Toyota Etios Car No.MH-02-EH-3410. I decided to purchase said car
for Rs.4,45,000/- from complainant. Accordingly, Sale Agreement was
executed in between me and complainant. Now I am shown Sale
Agreement Exh.16. It is the same. I gave Rs.3 lakhs immediately on
next day of executing Agreement by making finance. Rs.1,45,000/- was
short to pay the complainant. Said amount of Rs.3 lakhs was given by
taking finance on vehicle. I gave cheque of Rs.1,45,000/- to be paid
within three months. He had taken two cheques from me. I could not
manage entire payment of Rs.1,45,000/-. However, I gave him
Rs.50,000/- in cash at Upadhyay Hospital to the complainant. I paid
fine of Rs.5,800/- which was pending against vehicle at Shirdi. I sold
out said car. Thereafter, I gave Rs.30,000/- to wife of complainant at
Bandra Terminus. I also paid Rs.10,000/- by Gpay or bank transfer to
the account of daughter of complainant. Thereafter, only Rs.50,000/-
was remaining to be paid to complainant. Wife of complainant took me
to police station and subsequently filed present complaint.
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2 C.C.No.144/SC/2021
DW-01 Exh.36
Cross examination by Adv. Mrs. Rinky Agrawal for the complainant:
2. I have not produced any document as to finance and making
payment of Rs.3 lakhs to the complainant. I have not produced receipt of
fine amount. I have not produced any document to show I paid
Rs.10,000/- to the daughter of complainant. I have not obtained receipt or
anything in writing to show making payment of Rs.30,000/- to the wife of
complainant. I have also not obtained receipt of Rs.50,000/- alleged to be
given to complainant in hospital. It is not true to say that I am deposing
false that I paid Rs.50,000 to complainant, Rs.30,000/- to his wife and
Rs.10,000/- to his daughter. It is not true to say that I am deposing false.
It is not true to say that I have issued cheque in discharge of liability.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 03.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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