Order 1

Order Details: Copy of Document.
Pdf Text: 12 C.C.No.144/SS/2021
CW-1 Exh.14
17. 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 : 15.01.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
cross examination of CW-01- Mr. Stephen Sebastian Inchiparamban by
advocate Mr. Vishwanath Nair for the accused :
18. I am studied upto H.S.C. I can read and write English. The
contents of complaint and affidavit of evidence are true and correct. I
am running business of TADS Tours and Travels since year 2015. I was
having Shop and Establishment Licence. Now business is closed. The
address mentioned in title clause is my residential address. The
business address and residential address is one and the same. I can
produce the bank account to show that I was running the business in
the name of TADS Tours and Travels. I can produce the bank account
statement if received from the bank. I closed the business in the year
2019. I was possessing only one vehicle when I was carrying business. I
can tell its Registration Number. It was MH02EH3410. I had purchased
said vehicle in the year 2015-2016. I am not possessing any ownership
documents with me as I have handed over all the original documents to
the accused.
19. I know the accused since year 2013-2014 being in same
profession of driving vehicles. I am not aware whether accused was
also having business of Tours and Travels. I had purchased said vehicle
in cash from showroom. I am not aware what is locus standi of accused
in connection to Arnav Travels.
-- 1 of 4 --
13 C.C.No.144/SS/2021
CW-1 Exh.14
20. Now I am shown Agreement Exh.16. I do not remember why
the accused is named person of Arnav Travels in the Agreement.
Witness volunteers that it is his identity. Except this I know all about
the terms and conditions of the Agreement. I had told several persons
that I am going to sell my car. Therefore, accused approached to me for
purchasing car in the year 2019 approximately in the month of April or
May 2019. I do not recollect exact month of finalizing deal in between
us. I do not know whether accused has paid the amount of fine on
vehicle for Rs.5,000/-. It is true to say that the consideration amount
for sale of vehicle was Rs.4,45,000/-. It is true to say that accused had
paid me Rs.3 lakhs out of Rs.4,45,000/-.
21. It is not true to say that in the month of September, October
2019 I was hospitalized. It is true to say that I was admitted in
Upadhyay Hospital at Santacruz. I was admitted in hospital on
04.11.2019. It is true to say that accused had visited hospital to see me.
It is not true to say that at that time accused paid me Rs.80,000/- in
cash. He paid me only Rs.50,000/- in cash.
22. It is not true to say that on the date of Agreement I obtained
a blank signed cheque from the accused. It is true to say that I had
given time for 90 days period to pay me remaining amount of
Rs.1,45,000/- by the accused. The contents of my affidavit that accused
was requesting me not to deposit the cheque till he informs me is
correct. The contents of para 6 of my affidavit of evidence are true and
correct. It is true to say that I was in the custody of the cheque much
prior to the date of the cheque. It is true to say that I have filled in the
date on the cheque Exh.17. I have written only the date on the cheque.
It is true to say that I received Rs.50,000/- from the accused prior to
-- 2 of 4 --
14 C.C.No.144/SS/2021
CW-1 Exh.14
date of presenting the cheque for realization. It is not true to say that
accused was not liable to make any payment on the date of cheque. It is
not true to say that I have filed false case against the accused. It is not
true to say that accused is not legally liable to make me payment of
Rs.1,45,000/- on the date of cheque Exh.17. It is not true to say that
accused has paid me Rs.50,000/- in hospital out of the cheque amount
of Rs.1,45,000/- in the month of November 2019. It is incorrect which
is mentioned in Agreement Exh.16 that I had received Rs.3 lakhs on
Agreement and Rs.1,45,000/- was balanced towards accused.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 15.01.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 3 of 4 --
15 C.C.No.144/SS/2021
CW-1 Exh.14
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 : 15.01.2025.
Transcribed and Typed on : 15.01.2025.
Order printed and Signed on : 15.01.2025.
Order Uploaded on : 15.01.2025.
-- 4 of 4 --