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2018 (4) TMI 377 - HC - Indian LawsLegality and correctness of judgments dated 30.10.2017 - Section 138 Negotiable Instruments Act - Issuance of Cheque as 'security' - Held that: - It has come on record that the respondent was in possession of relevant documents and had offered to produce them if so required. The petitioners did not insist for production of those documents. Adverse inference is to be drawn against the petitioners for not insisting for the production of those documents. Moreover, the petitioners themselves did not produce any document, whatsoever, to show as to how and in what manner the cheques in question were issued in favour of the respondent. The petitioners have admitted about the receipt of legal notice and no response to it was given by them. The findings of the courts below based upon fair appreciation of evidence deserve no intervention and are confirmed - petition disposed off.
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