Order 4

Order Details: Copy of Document.
Pdf Text: C.C.No.1263/SS/2019
D.W.No.01
Exhibit.35
D.W. No.01 on S.A.
Name :- Nazir Ismail Mansoori
Age 58 Yrs.,
Occu. :- Business
R/o. :- Roshan House, Block No.130, 35th Road, Khar (W), Mumbai
400 052.
Examination-in-chief by Ld. Adv. Shri Vishwanath Nair for the accused :-
1. I known the complainant since 2012. His relative is my friend.
He introduced the complainant to me. Thereafter, the complainant had
been to my shop for 2 to 3 times. The complainant was in need of two
shops. I had those shops in the Roshan House Building. The complainant
showed interest to purchase those shops of 100 sq. ft. each. The
consideration amount was fixed of Rs.40,00,000/- for two shops. Those
shops were ready within next three months. I handed over the possession
of both shops to the complainant in the early days of 2013. Thereafter, he
told me that he want to give those shops on rent. On the request of the
complainant I took search of tenants and both shops were handed over to
the tenants on behalf of the complainant on leave and licence basis. The
agreed rent of both shops was Rs.25,000/- per month. The complainant
was the only person who was looking the entire transaction between us.
The complainant received rent from 2013 to 2015 in cash. Initially the
complainant used to visit the shops to collect the rent. Later on due to his
medical issues I used to pay the rent to the complainant by visiting his
home.
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02. In 2015, the shops were demolished to the extent of two feet
due to road enhancement by BMC. On the say of his relative the
complainant told me that I had delivered him illegal shops. Thereafter, the
complainant and me agreed to visit the office of advocate to verify the
legality of the shops. We tendered all the papers of the shops to the
advocate. The complainant did’t want the said shops. He demanded his
money back despite the verification of all the papers of the property
through advocate. After lapse of some time the complainant lodged
criminal complaint against me for cheating. It was contention of the
complainant in that case that I did not hand over the possessions of two
shops to the complainant despite receiving the consideration amount.
03. In 2016, the dispute was settled. I issued five blank cheques
to the complainant as a security. Thereafter, I gave Rs.15,00,000/- to the
complainant as a token amount. I returned Rs.35,00,000/- to the
complainant. I am not liable to pay any amount to the complainant. I
have paid all the amount to the complainant personally and not to his
relative through cash and demand draft. The complainant has lodged false
cases against me. The subject cheque was given as a security and the
complainant misused it.
(Cross examination is deferred on request of Ld. Advocate for
complainant.)
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class),
Date : 02.09.2026 58th Court, Bandra, Mumbai.
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