Order 1

Order Details: Copy of Document.
Pdf Text: 10 C.C.No.1263/SS/2019
CW-1 Exh.17
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 : 24.06.2024 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mustakima Mohammad Yusuf by
advocate Mr. Vishawanath Nair for the accused :
20. I am educated upto 12th Std. I can read and write English. I
know the contents of my affidavit in lieu of Examination in Chief and
all contents are true. I am daughter of original Complainant Mr.
Mohammad Yusuf Mustafa Lakadawala. It is true to say that complaint
is filed by my father. I do not remember whether I had Power of
Attorney of my father on the date of filing complaint by him. It is not
true to say that I do not have knowledge about the transaction being
done by my father. It is not true to say that I was not aware about the
contents of complaint when filed in the year 2019 by my father.
21. In the year 2019 I was staying with my father at Bandra. It
is true to say that in complaint para No.3 some averments in respect of
Agreement dated 25.07.2012 are made. I do not know anything about
said Agreement executed by my father and late mother. I do not know
that neither my father nor me had filed said agreement in the
proceeding.
22. I know that my father has registered FIR in Khar Police
Station on 25.03.2015. The FIR was registered against Nazir Ismail
Mansoori for not giving plot or returning payment made for said plot. I
do not know what happened after filing FIR. It is true to say that FIR
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was registered for plot. I am not aware about any consent terms
executed on 04.08.2018 as referred by my father in complaint in para
No.6. It is true to say that Power of Attorney is executed on 22.03.2021.
It is true to say that I have not produced any medical certificate or
document to show that my father is seek or had ill health. It is true to
say that medical certificate is not annexed with the Power of Attorney.
23. Now I am shown cheque Exh.18. It is true to say that the
cheque is issued in the name of my father. I can tell at what place, on
what date accused gave the cheque to my father. Cheque was given in
the office of my uncle personally visiting by the accused. I do not
remember on what date the cheque was given by the accused. It is true
to say that at that time I was not present in the office of my uncle. It is
true to say that the name, amount and signature over the cheque
Exh.18 is not made in my presence. It is not true to say that I do not
know that the signature over cheque is not of accused. My father had
told me that the cheque is in hand writing of accused with his
signature. It is true to say that the cheque return memo Exh.19 do not
contents seal of bank or signature of officer. It is not true to say that the
cheque was neither deposited for realization nor dishonoured at any
point of time. It is not true to say that the cheque return memo is
forged document.
24. It is true to say that my father had given instructions to
advocate for sending the demand notice Exh.20. It is true to say that I
had not visited the office of advocate with my father for giving
instructions or sending it. It is true to say that I have not given
instructions to advocate for drafting demand notice. It is true to say
that I do not know about the contents of notice prepared by the
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advocate on the instructions of my father. It is true to say that advocate
Dipak Talawar has not signed the notice Exh.20 in my presence or
before me. It is true to say that I can not identify the signature as
signature of our advocate. It is true to say that I am not aware on what
date notice Exh.20 was sent by post. It is not true to say that I do not
know whether notice is received or not received by the accused. Notice
is received by the accused. It is true to say that I have not produced the
acknowledgment card of notice sent to the accused. It is not true to say
that I am not possessing knowledge about the complaint and
transaction. Witness states that she is knowing l little bit. It is not true
to say that I am deposing false.
25. It is not true to say that accused is not liable to pay any
money to my father and he has filed false case.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 24.06.2024 Metropolitan Magistrate,
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 24.06.2024.
Transcribed and Typed on : 24.06.2024.
Order printed and Signed on : 24.06.2024.
Order Uploaded on : 24.06.2024.
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