- (1.) Leave granted.
(2.) This appeal has been preferred from the decision of the High Court of Madras dated 17th March, 1998. The appeal was filed on 26th July, 1999 after a delay of 406 days. The application for condonation of delay filed by the appellant shows that the Department of Legal Affairs took up the matter only on 16th December, 1998. No explanation whatsoever has been given for the appellant's inaction during this period of nine months. The observation of this Court in State of U. P. v. Bahadur Singh, AIR 1983 SC 845 regarding the latitude to be shown to the Government in deciding questions of delay, does not give a licence to the Officers of the Government to shirk their responsibility to act with reasonable expedition. However, since the matter has been permitted to be argued on merits, it would not be appropriate to dismiss the appeal on the ground of delay, but our disapproval of the conduct of the appellant in this regard will be reflected in the costs which we intend to award against the appellant in favour of the respondents, irrespective of our decision on merits.
(3.) The issue to be decided in this appeal relates to an offence allegedly committed by the respondents under Section 113 of the Companies Act, 1956 (referred to as the 'Act'). The complaint was filed by the appellant against the respondents on 28th August, 1992 alleging that the respondents had, in violation of Section 113 of the Act, defaulted in transfer of shares within the time specified in that section. The Chief Judicial Magistrate, Coimbatore by his order dated 30th March, 1993 dismissed the complaint on the ground that it was barred by limitation under Section 468 of the Code of Criminal Procedure (for short 'the Code').;