Order 3

Order Details: Order Below EX 1
Pdf Text: 7 C.C.No.1320/SS/2019
CW-01 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 : 24.12.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
Cross examination of CW-01 Mr. Vijaykumar Mishra by advocate
Mr. Ramesh Desai for accused :
20. I am doing business of supplying man power. I do not
know whether I have filed or not any document to show my income of
Rs.45000/- per month at the time of filling complaint or evidence
affidavit. It is not true to say that I am not doing any business and I have
no income at all. I know the accused since year 2012 and 2013. He is my
friend. He is staying at Virar East. He has two sons. I don’t know whether
he had a son and daugther. I can not tell what was the family dispute of
the accused. I had not given money by withdrawing from bank account.
Rs.1,50,000/- was lying with me and I received cash of remaining Rs.
50,000/-. I don’t remember the date of giving Rs.2,00,000/- in two
installments but I gave Rs.2,00,000/- in the year 2017 within a span of a
week. I have not obtained receipt. It is not true to say that I have not given
money to the accused. It is not true to say that therefore I have not
obtained any receipt from the accused. I know Shyam Sawant. I do not
know who is Umashankar Mishra. I knowing Shyam Sawant since year
2012. I do know how much amount is paid by Shyam Sawant to the
accused. It is true to say that Shyam Sawant has told me that cheque given
by the accused to him was also dishonored and a criminal case is pending
in that regards at Bhoiwada 7th Court, Dadar. It is true to say that accused
had given the undated cheque towards security at the time of giving
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8 C.C.No.1320/SS/2019
CW-01 Exh.17
money in the year 2017. It is not true to say that I was given blank signed
cheque without my name and amount. Witness volunteers that only date
was not mentioned. It is true to say that I put the date on the cheque. It is
not true to say that the cheque Exh.19 bearing number 295943 was given
to Shyam Sawant by the accused and Shyam Sawant gave it to me. It is
true to say that as accused did not pay money till December 2018, I called
him to my home on June 2019. It is true to say that in paragraph 8 of my
evidence affidavit I have mentioned that accused in presence of our
friends filled date upon the mentioned cheque dated 29.08.2019. The
earlier statement that I filled the date upon the cheque is true and correct
statement. The statement made in paragraph 8 of evidence affidavit that
accused wrote the date on the cheque is wrong.
21. I can not tell on which date I deposited the cheque for
realization in my bank account. It is not true to say that I have not
deposited the cheuqe into bank. It is true to say that cheque was given in
the year 2017. It is true to say that I called the accused at my home in the
month of June 2019. It is true to say that accused gave the cheque dated
29.08.2019. I don’t remember after how many days of receiving cheque
dated 29.08.2019 I presented it for realization. I do not know when the
cheque was dishonored by the bank.
Cross examination is deffered till next date due to recess.
R.O.A.C.
(M. P. Saraf)
Date : 24.12.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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9 C.C.No.1320/SS/2019
CW-01 Exh.17
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 : Ms. Shama Naiksatam
Court : Judicial Magistrate (First Class) 58th Court, Bandra,
Mumbai.
Dictated in open court on : 24.12.2024.
Typed on : 24.12.2024.
Evidence printed and Signed on : 24.12.2024.
Order Uploaded on : 24.12.2024.
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