Interim Order 3

Order Details: Order Below EX 1
Pdf Text: Case No.1316/SS/2019.
CW No.1.
Exhibit-08.
-19-
Cross-examination resumed on:-
18. I doing willing the document to show that, I have godown
in Kalamboli. Witness volunteers that, I will produce on next date. It
is not true to say that, Sanjay Mehta is a broker. Before 2017 I used to
know Sanjay Mehta as a broker.
Question :- Will it be proper to say that, after 2018 you have
acquainted Sanjay Mehta as a broker?
Answer :- As a broker and friend.
Whatever material I used to supply, the party used to make the
payment of that material. Now Exh.13 shown to me. does not bear
my signatory. It is true to say that, the said delivery challan is not my
handwriting. It is true to say that, Exh.13 does not have the signature
of Sanjay Mehta. It is not true to say that, the accused did not make
any writing to authorize me to give the material on behalf of the
accused. There is no document on record which shows that, Mr.
Sanjay Mehta has given me written authority to supply the material
on his behalf. Witness volunteers that, it is affixed in another case. It
is true to say that, mobile number written on Exh.13 is not the mobile
number of accused. It is true to say that, the accused has not received
the material personally. It is not true to say that, Exh.13 is a forged
document.
19. It is true to say that, I have not produced transport receipt.
I have not prepared the document file with Exh.14. It is true to say
that, the said documents is not prepared before me. It is not true to
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Case No.1316/SS/2019.
CW No.1.
Exhibit-08.
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say that, the document filed at Exh.14 is the forged document. It is
not true to say that, the material mentioned in the document filed
Exh.14 have not received by the accused. I do not tag the copy of
invoice along with the delivery challan. We prepared three copies of
delivery challan. One copy we sent to party, one copy we retained for
our record and one copy we use to give to transport company
through the buyer. All these copies we use to prepare at the same
time. The contents of all three copies are one and same. We do not
prepared any e-way bill.
20. I don’t know whether the address mentioned on Exh.15 is
the address of his godown or not. It is true to say that, I did not visit
the address mentioned on document Exh.15. It is true to say that,
the accused has not given me his written address. The witness
volunteers that, the customer use to give their address at once. I don’t
know that, the address mentioned on Exh.15 is a residential address
and not the address of godown. I don’t know that, I had not supplied
any material on the address given by the accused which is mentioned
at Exh.15. It is true to say that, I have not prepared the Tax Invoice
filed at Exh.15. It is not true to say that, it does not bear my
signature.
21. It is true to say that, Exh.16 does not bear the seal and
signature of accused. It is not true to say that, I have not sent the
copy of Exh.16 to the accused. It is true to say that, I don’t have any
acknowledgment which shows that, the copy of Exh.16 was sent to
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Case No.1316/SS/2019.
CW No.1.
Exhibit-08.
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the accused. It is not true to say that, Exh.16 is a forged document. It
is not true to say that, I had no material to supply to the accused on
14.04.2018. I have not produced the Stock Register and Supply
Register of April 2018 in the present case. It is true to say that, the
contents of Exh.15 and Exh.16 are different. It is not true to say that,
I have not sent the copy of Exh.16 to the accused.
22. It is true to say that, Exh.17 does not bear the contents
about the interest. It is true to say that, on or before 11th May 2019
there was no talk about the interest between me and the accused. It
is not true to say that, the seal and signature appeared on Exh.17 is
not the seal and signature of accused. I maintain book of account
which includes Stock Register, Purchase Bill, Sale Register etc. The
complainant company use to fill the Income Tax Returns. Exh.17 is
prepared relying on my Book of Account. I am ready to produce
Books of Account on next date.
23. It is not true to say that, I have not supplied the copy of
Exh.18 to the accused. It is true to say that, Exh.18 does not bear the
seal and signature of the accused. It is true to say that, I don’t have
any acknowledgment to show that, the copy of Exh.18 supplied to the
accused. It is true to say that, the accused have not make any written
acknowledgment about his liability to pay the interest. It is true to
say that, Exh.15 does not bear the clause of interest. It is not true to
say that, the accused is not liable to pay any interest. It is not true to
say that, document filed at Exh.18 is forged document. I don’t know
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Case No.1316/SS/2019.
CW No.1.
Exhibit-08.
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that, I have not mentioned about the document filed at Exh.18 in the
notice issued to the accused. The witness after going through the
notice again states that, it is not mentioned in the notice.
Cross examination is deferred on the request of learned advocate
representing the accused.
R.O.A.C.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 21.07.2026 58th Court, Bandra, Mumbai.
SBA/-
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