JUDGMENT :

1. In this batch of 15 petitions filed under Sections 482 and 483 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Section 227 of the Constitution of India, common order dated 08.01.2014, passed by the Court of learned Additional Sessions Judge - 02, Central, Delhi, affirming order dated 25.09.2012, passed by learned ACMM (Special Acts), Central, Delhi, dismissing an application for condonation of delay in filing the complaint by the petitioner agency, is under challenge. Since the issue involved in all the cases is similar, therefore, the same are being decided by this common order.

2. Brief facts of the case are as under:-

(i) The Union of India through the Department of Company Affairs, Ministry of Finance Corporate Affairs (hereinafter referred to as 'MCA') approached Company Law Board, Principal Bench, New Delhi(hereinafter referred to as 'CLB') in Company Petition No. 35/2003 and 37/2003 against respondent No.1 M/s Shonkh Technologies International Ltd. & Ors. and M/s Shonkh Technologies Ltd. (hereinafter referred to as 'companies') with the prayer to seek CLB's directions to investigate into the affairs of the respondent companies under Section 237(b) of the Companies Act, 1956 (hereinafter referred to as 'Companies Act').

(ii) The CLB on 20.04.2006 passed a detailed order assigning reason to believe that there was a likelihood of the existence of malpractices envisaged in clauses (i) to (iii) of Section 237(b) of the Companies Act. The CLB further noted that to prove prima facie case of „intent to fraud? on the general public and on the other body corporate and for conducting the business of the company otherwise for a fraudulent and unlawful purpose, it was necessary to direct for investigation under Section 237(b) of the Companies Act. Accordingly, MCA was directed to carry out the investigation so that the truth can come out with respect to the nature and modus operandi of the objectionable transactions as noted in the said order.

(iii) On 16.05.2006 as per directions of the CLB, the MCA appointed 5 officers of Serious Fraud Investigation Office, New Delhi (hereinafter referred to as 'SFIO') as Inspectors, to investigate into the affairs of the companies and others.

(iv) The Inspectors so appointed, were directed to conduct investigation into the affairs of the companies and to submit a report to the Central Government on financial irregularities and contraventions/violations of the provisions of the Companies Act. Six months time was stipulated in the said order to complete the said exercise from the date of issuance of the said order.

(v) On 26.11.2007, SFIO submitted the report to MCA. On 03.06.2008, MCA conveyed SFIO that on a perusal of the report submitted by SFIO, it was found that there were violations of various provisions of the Companies Act and SFIO was requested to file prosecution for violation of the provisions of the Companies Act. On 01.12.2008, a complaint under Section 200 of the Cr.P.C. read with Section 621(1A) of the Companies Act was filed by SFIO against respondent company and others. The SFIO also filed an application under Section 473 of the Cr.P.C. for condonation of delay in filing the complaint, mainly on the ground that the time taken for obtaining sanction/permission i.e. between 26.11.2007 to 03.06.2008 be excluded for computing the limitation under the provisions of Section 469 read with Section 470(3) of the Cr.P.C.

(vi) Vide order dated 25.09.2012, the learned ACMM rejected the application for condonation of delay, consequent thereto, the complaint was found to be barred by limitation, accordingly, the same was also dismissed.

(vii) The petitioner/SFIO, filed revision before the revisional court which has also been dismissed in terms of the impugned order and therefore, the SFIO is in the present petitions.

3. Learned counsel appearing on behalf of the petitioner made the following broad submissions :-

(i) Under the Companies Act (pre-2013 A