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(emphasis supplied)

74. The defendants, in Para No. 4 of Preliminary Submissions of written statement, admitted that the defendant No. 3 issued security cheques in favour of the plaintiff, as under:

"4. That during the onset of business with the Defendant No. 1, the Plaintiff asked for some cheques from the Defendant No. 2 to be given as security and reposing the faith and trust in the Plaintiff, the Defendant No. 2 directed the Defendant No. 3 (a signing authority) to provide some blank cheques as security to the Plaintiff and the Defendant No. 3 provided the same, a fact that has been admitted by the Plaintiff himself. It is submitted that the Defendant No. 2 kept placing orders to the Plaintiff and simultaneously kept making payments against such orders in cash and by way of bank transactions and has fully paid back the Plaintiff for all the goods so delivered to her. However, the Plaintiff out of his evil intentions misused the security cheques by arbitrarily and whimsically filling in amount in the said security cheques thereby creating a fictitious liability against the Defendants No. 1 & 2."

(i) The defendant No. 3 has not filed his income tax returns and bank statement in order to prove that he was an employee fo the defendant No. 2 and he was receiving a particular amount as salary, vide cash or banking mode; and

(j) The defendant No. 4 has not filed relevant invoices alongwith ledger in order to show that the said cheques Ex.PW1/15 (colly.) were issued as security cheques and payment of Rs. 25,000/- was made on 01.02.2023 in respect of separate and distinct business dealings between the plaintiff and the defendant No. 4.

4. ... It is submitted that the Defendant No. 2 kept placing orders to the Plaintiff and simultaneously kept making payments against such orders in cash and by way of bank transactions and has fully paid back the Plaintiff for all the goods so delivered to her.

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PARAWISE REPLY:

2. That the contents of this para are partly admitted and partly denied. It is admitted that the Defendant No. 3 had initially approached the Plaintiff and assured to do business on 30 days credit basis. ... It is submitted that the Plaintiff was inclined towards the proposal of the Defendants No. 2 due to which the Defendant No. 3 upon directions of Defendant No. 2 in order to give assurance to the Plaintiff gave certain undated cheques as a security to gain the confidence of the Plaintiff. It is further submitted that the Defendant No. 1 & 2 fully complied with their obligation and kept making payments from time to time and it was on same account that the Plaintiff did not file any claim against the Defendants. ...