ARVIND SINGH SANGWAN, J.

1. Prayer in this appeal is for setting-aside the judgment dated 08.06.2015 passed by the trial Court vide which the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the NI Act') was dismissed.

2. Brief facts of the case are that, the complainant through its proprietor Bishambher Dayal filed the complaint against the respondent with the allegations that the complainant is dealing in the business of commission agency in the grain market and the accused is known to the complainant and had borrowed a sum of Rs.1,35,000/- and assured that he will sell the crops to the complainant and the borrowed amount will be adjusted towards the sale proceeds of the crops. It is further alleged that instead of selling the crops to the complainant, the accused sold the crops to some other commission agent and, therefore, he is in arrear of the aforesaid amount. It is further stated in the complaint that the amount was borrowed by the complainant on different dates either by way of cash or by way of cheques. It is further stated that on 27.12.2012, the accused, in discharge of his liability has issued a cheque bearin