Order 1

Order Details: Copy of Document.
Pdf Text: Exh.11
C.C.No.1111/SS/2019
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 : 04.07.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of PW01 by advocate Vikram Singh for the accused :
10. I am doing three business. I am running a ration shop. I am also
doing business of giving the cars on rent. I am also doing business of Real Estate.
The business of Real Estate started in the year 2017. the business of renting car
started in the year 2005. The ration shop is since year 2000 and I am looking
after it from year 2002. I am taxpayer. I am submitting Income Tax Returns for
the business run by me. I am submitting my individual Income Tax Returns in
respect of my business Vinita Travels. The ration shop licence is in the name of
my mother. I am showing my income accrued from Real Estate business in my
personal return. I am submitting Income Tax Returns from year 2004. I have
submitted Income Tax Returns for the year 2017, 2018 and 2019. I can produce
said returns.
11. I am possessing and maintaining four to five accounts in
different banks. As on date three saving bank accounts are in operation and rest
of bank accounts are closed. I am ready to produce the bank statements of all
bank accounts for the period 01.04.2018 to 31.03.2020.
12. I am knowing accused and her husband also. Both are staying
near to my house. I have no monetary transaction at any point of time with the
husband of the accused. I do not know exactly work the accused is doing but she
might be serving as a housemaid. It is true to say that it is my contention that
accused was intending to start business and therefore, I helped her by giving
Rs.4,00,000/. It is not true to say that I have never helped her for running or
starting any business by giving Rs.4,00,000/. It is not true to say that I am
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Exh.11
C.C.No.1111/SS/2019
doing money lending business. It is not true to say that the document placed at
Exh.13 is a incomplete document. It is not true to say that I have not produced
all pages of said document. It is true to say that I have given cheque bearing
No.043778 drawn on Canara Bank, Bandra (E) branch dated 30.08.2018 for
Rs.4,00,000/ to the accused vide said document at Exh.13. It is true to say that
the true copy of said cheque is not made a part of the document Exh.13. It is
true to say that the cheque Exh.15 now shown to me is the same cheque given
by the accused to me. It is not true to say that there was no legal liability
towards the accused to pay me any amount on the date of execution of
document Exh.13. It is not true to say that I used to collect interest at the rate
of 8% to 10 % per annum from the accused in each month. It is not true to say
that in the month of July 2019 the husband of the accused transferred
Rs.4,000/ to my account towards payment of interest.
13. It is not true to say that I am running a money lending business
and I had paid money to the accused on interest. It is not true to say that the
disputed cheque was obtained by me from the accused as a security of
transaction. It is not true to say that I have given amount on interest to so many
persons in my vicinity. It is not true to say that the accused is not liable to any
amount to me. It is not true to say that I have misused the disputed cheque
Exh.15 for recovering money given as money lending business.
Cross examination is over.
No reexamination.
R.O.A.C.
(M. P. Saraf)
Date : 04.07.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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