Interim Order 1

Order Details: Copy of Document.
Pdf Text: 9 C.C.No.1192/SS/2019
CW-1 Exh.14
19. 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 : 04.06.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Manoj Kumar by advocate Mrs.Yogini
Gurav for the accused :
20. It is not true to say that I am not given authority to give
evidence or produce evidence affidavit as per certified copy of
resolution dated 15.12.2003 placed at Exh.19. It is not true to say that I
am not given any authority to adduce evidence on behalf of the
complainant. The transaction in between complainant and accused was
as to payment of Royalty. The Royalty was for using intellectual
property rights of the complainant by the accused. Complainant is
claiming around Rs.27 lakhs balance amount from the accused.
Amount of Rs.27 lakhs is derived on the basis of invoices and payment
of Royalty. It is true to say that I have not produced any invoice. It is
not true to say that as I have not produced any invoice, I am deposing
false that amount of Rs.27 lakhs is outstanding towards them. Right
now I am not in possession of said invoices but the same is available
with the company and I can produce. It is not true to say that we have
not raised said invoices to the accused. I was not present at the time of
transaction in between complainant and accused. It is not true to say
that I am not aware facts of the case.
21. I will have to refer the Agreement to answer what was
period of Agreement Exh.20. The Agreement was over on 31.12.2019.
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Now I am referred clause No.16.7.3 at page No.34 of the Agreement
pertaining to jurisdiction clause. Complainant has not chosen the
option of Arbitration referred in above clause.
22. Now I am shown Para 6 of evidence affidavit. I do not
know what was the case number which was withdrawn as referred in
para 6 of my evidence affidavit. I do not know whether said case was
registered and numbered as 1072/SS/2018. It is not true to say that I
have made false statement in paragraph No.6 of my evidence affidavit
that said case was got finally withdrawn. I do not remember that I was
cross examined on two occasions in said case. I am not aware that said
case was dismissed for non appearance of the complainant on
18.11.2019.
23. Now I am shown cheque Exh.21. The cheque is not written
in my presence. It is true to say that I am not aware who has written
cheque Exh.21. It is true to say that I can not firmly say that the
signature on the cheque belongs to the accused. It is not true to say
that accused has not given said cheque to the complainant against any
liability. It is not true to say that accused is not liable to pay the amount
mentioned in the cheque. It is true to say that I can not tell whose hand
writing is on the cheque Exh.21. It is true to say that I do not know on
which date the cheque was given to the complainant. I have no idea
whether the post dated cheque was given or the cheque was given prior
to the date mentioned on the cheque. It is not true to say that I am not
aware how the amount mentioned on the cheque is calculated.
24. The reason for dishonor of cheque is mismatch of the
signature. It is not true to say that the cheque was not given by the
accused to the complainant. It is true to say that the notice Exh.24
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dated 15.10.2019 was sent on the address of flat No.B-2015. It is true
to say that the address of the accused mentioned in the Agreement is
flat No.B-205. It is not true to say that we have sent notice to wrong
person and on wrong address. I do not remember whether complainant
had taken photo copy of Aadhar Card of the accused. I do not know
whether accused is residing at 505, C Shell Apartment, Green Field
Society Opp. Juhu Post office Mumbai-400049. It is not true to say that
complainant has purposefully sent the demand notice on wrong
address of the accused. Now I am shown track consignment report of
India Post Exh.29. Consignment number mentioned on track report
Exh.29 is reference number for delivery of said notice to the accused. It
is not true to say that accused was not sent notice nor he received it. It
is not true to say that I have filed false track consignment reports at
Exh.29 and 30. The consignment number is mentioned on the postal
receipt. It is true to say that we had received Rs.7 lakhs from the
accused before 15.10.2019. It is not true to say that therefore accused
is not liable to pay the cheque amount.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 04.06.2025 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 : 04.06.2025.
Transcribed and Typed on : 04.06.2025.
Order printed and Signed on : 04.06.2025.
Order Uploaded on : 04.06.2025.
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