Interim Order 3

Order Details: Copy of Document.
Pdf Text: 9 C.C.No.1822/SS/2018
CW-1 Exh.05
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 : 29.11.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Mr. Mahendra Tukaram Fadekle by
advocate Mr. Ali Saheb Shaikh for the accused :
16. I am studied upto 10th Std. I can read, write and understand
English language. I know what is written in my notice, complaint and
evidence affidavit.
17. I am a Gym Trainer since beginning that is prior to 15 years.
In the year 2016-2017 and 2018, I was serving with Nanavati College
as a Fitness Teacher. I was getting monthly salary of Rs.9,000/- per
month approximately. In my family my wife, my son and daughter are
the only family members. My wife is also doing cooking job. She is also
earning approximately Rs.10,000/- per month. Monthly expenditure of
my family is approximately below Rs.25,000/-. It is true to say that I
have not mentioned in my notice about the date, month and year of
giving Rs.2 lakhs to the accused. I have given Rs.2 lakhs at a time. It is
true to say that I have not mentioned the specific period for returning
Rs.2 lakhs by the accused to me in my notice. It is true to say that in my
complaint I have not written specifically that accused is my friend or
relative. It is true to say that I have not mentioned in my complaint that
since when I am acquainted with the accused. It is true to say that
accused is not staying in the vicinity of place of abode. It is true to say
that I have not stated in my complaint about the profession of the
accused. It is true to say that I have not stated about the earning source
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CW-1 Exh.05
of accused in my complaint. It is true to say that I have not stated the
income source of accused in complaint. It is true to say that I have not
stated where and when I came in contact of the accused. It is true to
say that I have not stated in my complaint since when I am knowing
the accused. It is true to say that I have not produced any document to
show that I gave Rs.2 lakhs to the accused.
18. I am Income Tax Payer. I have shown giving Rs.2 lakhs to the
accused in Income Tax Returns. I can produce the Income Tax Returns.
Now I am shown cheque Exh.21. It is true to say that the ink of
signature over cheque and ink of the hand written contents is different.
It is true to say that there is no signature of bank officer on the cheque
return memo Exh.24 now shown to me.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 29.11.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CW-1 Exh.05
Date : 07.05.2025
Resumed on S.A.
Further Cross examination of CW-01- Mr. Mahendra Tukaram Fadekle
by advocate Mr. Ali Saheb Shaikh for the accused :
19. It is true to say that I have not mentioned in my notice,
complaint and affidavit in lieu of examination as to on what date or
when did accused ask me money. It is true to say that I have not
mentioned in my notice, complaint and evidence affidavit that on
which dates I gave money to the accused. It is not true to say that I
never gave money to the accused and as such I have not mentioned the
dates on which I gave money to him.
20. I know Mr. Deepak Rane. It is true to say that he was staying in
my vicinity. It is true to say that accused came in my contact due to Mr.
Deepak Rane. It is not true to say that I had lent loan of Rs.20,000/- to
Mr. Deepak Rane. It is not true to say that Mr. Deepak Rane was
possessing blank signed cheque of accused with him. It is not true to
say that Mr. Deepak Rane gave said cheque to me. It is true to say that
at present Mr. Deepak Rane is not residing near to me. I have no idea
since when Mr. Deepak Rane left our neighbourhood.
21. It is true to say that I have produced my bank account passbook
maintained with NKGSB Bank. It is true to say that the passbook shows
balance of not more than Rs.25,000/- in my account during 05.12.2017
to September 2018. I will try to produce bank passbook for the year
2016. I am maintaining another bank account with Citizen Bank,
Vakola branch and Kotak Mahindra, Santacruz(E) branch. I am ready to
produce passbook of above both bank accounts for the relevant period.
It is not true to say that the dishonour memo produced by me at Exh.24
is false and fabricated.
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22. It is not true to say that Mr. Deepak Rane borrowed loan from
me and at that time gave cheque of accused to me. It is not true to say
that I am deposing false that I gave Rs.2 lakhs to the accused as
friendly loan. It is not true to say that I do not have money with me to
give Rs.2 lakhs to the accused at any point of time. It is not true to say
that I am deposing false that accused gave me subject cheque for
repayment of loan. It is not true to say that I am deposing false that I
issued notice to the accused. It is not true to say that I am deposing
false that accused has any legal liability to honor the cheque or pay me
any amount. It is not true to say that I have filed false complaint and
deposing false against the accused. It is not true to say that the contents
of the cheque are written by me. It is not true to say that I have
misused the cheque given by Mr. Deepak Rane to me. It is not true to
say that as Mr. Deepak Rane is absconding I have filed false case
against the accused on the basis of his cheque which was in the custody
of Mr. Deepak Rane.
Cross examination is over.
No Re-examination. R.O.A.C.
(M. P. Saraf)
Date : 07.05.2025 Judicial Magistrate(First Class),
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 : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 07.05.2025.
Transcribed and Typed on : 07.05.2025.
Order printed and Signed on : 07.05.2025.
Order Uploaded on : 07.05.2025.
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