Order 2

Order Details: Copy of Document.
Pdf Text: 16 C.C.No.1196/SS/2019
CW-1 Exh.14
32. 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 : 04.12.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Eknath Waman Bansode by advocate Mr.
Anil More for the accused :
33. I am retired from BMC, Mumbai. Vishnu Gaikwad is my
friend. The agreement Exh.16 produced by me in my evidence is true
and correct. None of the contents or loan agreement are false. It is true
to say that in said agreement it is stated that, “On 08.09.2017 Friday
Rs.2,30,000/- was obtained by Udya Mohite.” Said portion in Marathi
is underlined for identification in Exh.16. It is true to say that Ramesh
Yadav took guarantee of repayment of said amount. It is true to say that
I obtained three blank signed cheque from accused in presence of
Ramesh Sakharam Yadav. It is true to say that it was agreed to return
those cheques after receiving amount by me. Witness volunteers that
total eight blank signed cheques were given by the accused. It is true to
say that alongwith cheques I obtained his PAN card and Adhar Card. It
is true to say that cheque No.000038, 000039 and 000040 were
obtained. It is true to say that Rs.2 lakhs was to be returned on
08.09.2019. It is not true to say that Udya Mohite paid me all amount
in hotel. I received money from Ramesh Yadav and not accused. It is
not true to say that accused demanded his ATM card, PAN card and
Adhar Card from me after receiving money from Ramesh Yadav. It is
true to say that Udya Mohite has filed police complaint against me in
Vakola police station. It is true to say that I have also filed police
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complaint against Udya Mohite in Bhandup Police station. It is true to
say that complaint filed in Bhandup Police station was not resolved. It
is true to say that Udya Mohite has filed private complaint against me
in court. It is true to say that after filing complaint by Udya Mohite I
issued statutory demand notice to accused for dishonor of the cheque.
It is true to say that Udya Mohite has filed another criminal case
against me before Court No.71.
(Both parties advocates are warned for making decorum of
the Court else their conduct will be reported to Bar Council of India for
further action against both advocates.)
34. It is true to say that I wrote the contents of blank cheque
and presented for realization. I deposited cheque in my bank account
for realization on 18.09.2019. I posted and sent demand notice on
09.10.2019. Cheques were returned for the reason ‘Funds Insufficient’
in the account of accused. It is true to say that I have lent money to
Ramesh Sakharam Yadav previously in the year 2015. It is not true to
say that I have lent money to number of persons. I can narrate the loan
of Mohite. I obtained loan of Rs.2 lakhs on 05.02.2016 from BMC and
gave it to accused in the year 2016. I have also lent money in the year
2017 to the accused. It is true to say that subject disputed cheques
Exh.29 to 31 were issued by the accused in respect of said loan. It is
true to say that as per agreement Exh.16 I gave Rs.2,30,000/- to the
accused. It is true to say that the cheques Exh.29 to 31 are valued for
Rs.3,50,000/-, Rs.3,50,000/- and Rs.4 lakhs rupees respectively. I can
tell why cheques are valued for Rs.11,50,000/-. I have paid said
amount to the accused. I can tell when and how I paid said amount. On
07.05.2016 I paid him Rs.1,50,000/- obtaining from my friend. On
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12.02.2017 I paid Rs.2,50,000/- obtaining loan from BMC. On
08.09.2017 I paid Rs.2 lakhs obtaining hand loan from my friend to
accused. On 05.02.2018 I paid Rs.1,50,000/- out of my saving from
post office and pension to accused. On 15.03.2018 I paid Rs.1,50,000/-
to accused by obtaining loan on LIC policies of my grand daughter.
There is no entry in bank account in respect of receiving money from
my friend and given to accused on 05.02.2016. There is no bank entry
with me for amount received from friend on 07.05.2016. There is entry
in regards payment made on 12.02.2017 for Rs.2,50,000/- which was
obtained from loan from BMC. I have produced the receipts in the
name of my son Navnath Bansode pertaining to loan of BMC at Exh.21
and 22. It is not true to say that the description as to payment made in
cash to the accused in mentioned in Exh.1 para 9 is false. I have not
shown the friendly loan amount given to accused in my Income Tax
Returns. It is not true to say that I misused the blank signed cheques of
accused. It is not true to say that the complaint is absolutely false. It is
not true to say that the amount taken by accused is repaid to me. It is
not true to say that I am deposing false that accused has not repaid the
amount. It is not true to say that I have filed false complaint as accused
filed police complaints in court against me. I have filed first complaint
and later accused filed false cases. It is not true to say that I am doing
Money Lending Business.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 04.12.2025 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 : 04.12.2025
Transcribed and Typed on : 04.12.2025
Order printed and Signed on : 04.12.2025
Order Uploaded on : 04.12.2025
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