Order 1

Order Details: Copy of Document.
Pdf Text: 6 C.C.No.1083/SS/2019
CW-01 Exh.16
20. 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 : 29.04.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01 Shilpa Jadhav by advocate Mr. Manish
Kanojia for the accused after recalling of witness:
21. It is true to say that I am aware of the contents of my
evidence affidavit in entirety. I am serving as receptionists in
complainant company. I am bachelor of Arts. It is true to say that
accused has taken the office of the complainant on rent. It is true to say
that it is my contention that accused was not paying rent regularly. Due
to default and irregularity on the part of accused, complainant
company had sent several E-mails and letters to the accused. I have not
produced said correspondence in the proceeding. I am ready to produce
said correspondence if required. I have not produced the details or
description of calculation of outstanding amount of Rs.10,67,140/-. I
know name of the director of the complainant company. His name is
Rajendra Vani. Sachin Yeola is also one of the director. He has signed
Leave and Licence Agreement. The Agreement was with Rajendra Vani.
Accused vacated and handed over the shop to the complainant in the
year 2019. I do not know whether possession letter was also issued at
that time.
22. I do not know what was the rent for per month. I know how
many cheques were issued by the accused to the complainant. Accused
had given four cheques. The amount on above cheques was
Rs.1,18,000/- each. I can tell how the amount of Rs.1,18,000/- was
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CW-01 Exh.16
derived for each cheque when the rate for first 12 months was Rs.1
lakh per month, thereafter Rs.1,10,000/- per month and thereafter
Rs.1,21,000/- per month. The amount of Rs.1,18,800/- was derived
after settlement. I have not stated said fact of settlement in my affidavit
in lieu of Examination in Chief. I do not know the terms and conditions
of Leave and Licence Agreement. It is true to say that I do not know
that the directors of complainant company was obtaining post dated
cheques in advance from the accused. I do not know exact date of
issuing subject cheques by the accused to the complainant. As per my
knowledge said cheques are issued prior to 2 to 3 days of settlement in
between complainant and accused. I have no idea whether complainant
had informed the accused before depositing subject cheques for
realization. I do not know for what reason the cheques of the accused
are dishonoured. I have not made signature on the statutory notice sent
to the notice. I have no idea whether any of the director of complainant
had signed statutory notice. I have not given instructions to draft the
statutory notice. I have no idea who has given instructions to draft the
statutory notice.
23. I do not know about Goods Service Tax(GST). I do not know
who handed over or delivered the cheques to our directors. It is true to
say that I do not know the contents of evidence affidavit. It is true to
say that originally the name of earlier authorized representative of
complainant was typed as a deponent in evidence affidavit.
24. Now I am shown subject cheques Exh.19 to 21. It is true to
say that the hand writing as to the dates and amount in words
including name of payee in all cheques is different. It is true to say that
ink of the dates and ink of words on above cheques is different. I do
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not know that above cheques were blank signed cheques already with
complainant as a Post Dated Cheques. It is not true to say that we have
misused said cheques and filed false case to extort money from the
accused. It is true to say that complainant has received possession of
the shop.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 29.04.2025 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 : 29.04.2025.
Typed on : 29.04.2025.
Evidence printed and Signed on : 29.04.2025.
Order Uploaded on : 29.04.2025.
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