Interim Order 3

Order Details: Copy of Document.
Pdf Text: 7 C.C.No.1263/SS/2019
CW-2 Exh.20
15. 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 : 02.07.2025 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-02- Mr. Abdus Samad Lakdawala by advocate
Mr. Vishawanath Nair for the accused :
16. I am Commerce graduate. It is true to say that after year
2015 I was looking after the court matters of complainant as he was
suffering from various diseases. It is not true to say that I am deposing
at the instance of complainant. Complainant being my uncle and as I
am looking after his court matters I am aware about the facts and as
such I had deposed. It is not true to say that I am deposing at the
instance of my advocate. It is true to say that my uncle has not given
any Power of Attorney or authority letter to me to look after his court
affairs. It is not true to say that I am deposing to cure lacunas in the
evidence of CW-01 daughter of the complainant. It is true to say that I
was sitting in court hall and accompanied her when her cross
examination is recorded. It is not true to say that I am deposing to cure
lacunas in her evidence which were brought on record in cross
examination of CW-01 which I had heard.
17. In the year 2011-2012 I was residing at Mahim at Syed
House. It is true to say that in the year 2011-2012 myself and my uncle
complainant were residing separately. It is true to say that prior to year
2011, my business was separate than the business of complainant who
closed the business in the year 2011. It is true to say that in my
evidence affidavit I have not mentioned how complainant is knowing
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CW-2 Exh.20
accused. It is not true to say that I am not possessing knowledge as to
what transaction taken place in between accused and complainant in
the year 2012. It is true to say that I do not possess any document to
show that complainant approached to accused for purchasing shop in
the year 2012. It is true to say that I do not possess any document with
me to show that complainant purchased shop from the accused. It is
true to say that I do not possess personally any document with me to
show that complainant paid Rs.60 lakhs against the price of shop to the
accused. It is true to say that complainant told me about making
payment of Rs.60 lakhs to the accused for the purchase of shop. It is
true to say that complainant told me that agreement is registered in
between him and accused. It is true to say that I am not witness to said
agreement. It is true to say that the parties to the agreement had not
signed the agreement in my presence. It is true to say that I have not
produced any document alongwith my affidavit in lieu of examination
in chief. It is true to say that the FIR mentioned in my evidence
affidavit is not registered by me. It is true to say that I have not signed
the document of consent terms which is mentioned in my affidavit in
lieu of examination in chief. It is true to say that cheque Exh.18 is not
signed by the accused in my presence or before me. It is not true to say
that the complainant has not given instructions to the advocate for
drafting demand notice Exh.20. Myself was accompanied with
complainant while instructing advocate for drafting notice Exh20. It is
true to say that advocate has not signed the demand notice before me.
It is true to say that I can not identify signature of adv. Mr. Deepak
Talwar. Advocate Mr. Talwar has informed me that the notice sent to
accused returned back to him. It is not true to say that I am deposing
false at the instance of my uncle. It is not true to say that I do not have
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CW-2 Exh.20
knowledge about the transaction taken place in between complainant
and accused.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 02.07.2025 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 : 02.07.2025.
Transcribed and Typed on : 02.07.2025.
Order printed and Signed on : 02.07.2025.
Order Uploaded on : 02.07.2025.
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