Neutral Citation No. - 2025:AHC:78596 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3682 of 2025 Petitioner :- Smt. Usha Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Ratnesh Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the order dated 02.08.2024 passed by the Special Judge (E.C. Act)/Additional District/Sessions Judge, Court No. 4, Moradabad in Criminal Revision No. 447 of 2023 Computerized No. UPMO010110242023 (Smt. Usha Gupta Vs. State of U.P. and another) and also to set aside the order dated 16.08.2023 passed by the Additional Court (138 N.I. Act), Moradabad in Complaint No. 1626 of 2016 (Smt. Sudesh Khanna Vs. Smt. Usha Gupta) and remand the case to Additional Court (138 N.I. Act), Moradabad to reconsider the application dated 04.07.2023 presented by accused/petitioner and pass speaking order in accordance to law. It has been submitted by learned counsel for the petitioner that the trial is in progress and the statement of the petitioner, who is an accused has been recorded under Section 313 Cr.P.C., however the petitioner wanted to adduce certain defence witnesses and relevant documents but the same has been rejected by the learned Trial Court vide order dated 16.08.2023. For the purposes of fair trial and in the interest of justice, the impugned orders dated 02.08.2024 and 16.08.2023 are hereby set aside with the direction to the Court concerned to give an opportunity of hearing to the petitioner to adduce the evidence in their defence as well as relevant records for the fair conclusion of the trial. In case, a fresh application is moved by the petitioner seeking the aforesaid relief, it shall be considered and decided expeditiously. With the aforesaid directions, the petition is allowed. Order Date :- 14.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad