Cross Examination Question to be asked to Director of the Complainant Company during recording of Evidence in Section 138 Negotiable Instrument Act Trial before a Magistrate Court

CROSS EXAMINATION QUESTIONS:

1. Mr. Complainant, Can you please tell your full name to the Court. Do you understand English?

• Mr. Complainant since when you are into the business of buying and selling of mobile phones.

• How many employees you have in in your Company

• What role your other Director has in the day to day management of the Company.

• Is it true to state that, that he is major shareholder and Director of the Company.

• Mr Complainant Can you please tell us where is your Godown where you store Mobile Phones. Is it true to state that, your Godown is in Bhiwandi since, that, address in on the invoice annexed

• Mr Complainant Is it true to state that, you have godown at Bhiwani so that, the Octroi on such mobile phones can be paid only when they are brought in the municipal limits of Mumbai.

• Is it true to state that, your Mobile Phones are stored in the your Godown at Bhiwandi

• Can you please provide details of Octroi Receipt proving travel of this alleged Mobile Phones in the periphery of City of Mumbai

1. Are you authorized dealer of mobile phones of Alcaltel, Samsung,

1. Do you import mobile phones from Foreign Countries

1. Are these mobile phones were purchased in India or imported from Foreign Countries

1. If yes, you must be receiving purchase invoice for the goods supplied to present Accused, If yes, please provide original copies of those invoices

1. Can you please tell us the name of the person incharge there at Bhwandi.

1. In the normal course of your business, when you supply mobile phones to any of your client, you issue delivery challans.

1. Who signs delivery challans in your office who issue delivery challans

1. In the invoice what you have annexed, there is reference of two phone numbers 09324118412 and 09376934926, whose mobile phones are those.

1. Is the Mobile No 09376934926 belongs to Vijay

1. Who is Vijay in Glamour

• What Vijay does in Glamour and can you provide address of vijay and his full name and address.

• On invoice no 27, dated 29-08-2013, there is reference of Alcatel Onetouch Mobile Phone, What are these numbers

• If this are IMEI Numbers, why such numbers are not specified in other cell phones invoices

• Who has signed on behalf of Glamour Impex Pvt Ltd on the Invoice

• Who has signed on behalf of Rakhi Sawant Beauty Lounge Ltd on the invoice

• When such invoices was signed.

• Can you please inform to Court what is Caro Mobiles & Accessories

• Did you supplied Mobile Phones to Caro or to Rakhi Sawant Beauty Lounge Ltd

• Did Deepak Karani informed you about Caro Mobiles

• Can you please inform court what, Mr Karani informed you about Caro and Rakhi Sawant Beauty Lounge Ltd

• During the alleged supply of mobiles, did you ever met Afzal Kapadia, Azam Khan and Ayesha Memon

• When did you first met Afzal Kapadia, Azam Khan and Ayesha Memon

• Did you included name of the Afzal Kapadia, Azam Khan and Ayesha Memon because there were directors of the RSBLL.

• Did you know what role is assigned to Azam Khan and Ayesha Memon in day to day management of the Company

• Do you know Mr Karani

• What are your relations with Co Accused

• How do you came in contact with Deepak Karani

• Did Mr Karani represented you that, he is a Director of the company called as Accused COmpany

• Where is Mr. Karani now

• Is it true to say that, you came to know about Accused Company through Mr. Karani

• Did you gave delivery to Mr Karani

• Details of Cheque Issued

Cheque No	Date	Amount. Rs.	Drawn on Bank/Branch	Date of bounce	Reason
062677	22/07/13	8,07,500	Axis Bank Crawford Market, Mumbai	19/10/13	Funds Insufficient
062684	22/07/13	8,25,000	Axis Bank  Crawford Market, Mumbai	21/10/13	Funds Insufficient
062678	31/07/13	8,07,500	Axis Bank  Crawford Market, Mumbai	24/10/13	Stop Payment
061725	16/08/13	13,25,000	Axis Bank  Crawford Market, Mumbai	1/11/13	Funds Insufficient

• The Details of Invoice Raised

Invoice No	Date	Particulars	Amount
27	29-08-2013	Alcatel Mobile Phones	2,79,999.90
26	27-08-2013	Samsung S4 Mobiles 4 Pieces	131999.99
25	26-08-2013	Samsung S4 Mobiles 48 Pieces	15,60,006.00
24	24-08-2013	Samsung Galaxy Note 2, 50 Pieces	1324999.69
14	05-08-2013	Samsung S4 Mobiles 30 Pieces	10,80,000.00
11	27-07-2013	Samsung S4 Mobiles 30 Pieces	17,64,000.00
10	27-07-2013	Samsung S4 Mobiles 50 Pieces	18,00,000.00
9	27-07-2013	Samsung Galaxy Note 2	7,94,999.81

• The stamps which are appearing on Invoices, did they were impressed before you.

• Who has affixed Stamp of Complainant COmpany

• Whether, Complainant COmpany has paid VAT on this Sales Invoices

• Can you produce evidence of VAT Payment Receipt and VAT Return filed with Govt. of Maharashtra

• Did you received payment of Rs.1325000 through RTGS

• Is it true to state that, you received payment of Rs.13,25,000 against Invoice No 24 for an amount of Rs.13,25,000/-

• Did you received an email dated September 3, 2013 notifying you loss of cheques from the office of RSBLL.

• When you came in the possession of Cheque

• Why the Cheques were deposited with Delay with the Bank