Criminal defamation

One of my friend rival has sent a caveat in his name stating that he has filed an I.P. My friend has filed a Criminal Defamation suit against his rival. But the court has dismissed the petition stating that mere filing a caveat doesn't amounts to publication and criminal defamation as no third party knows about the incident. My friend has appealed to the next court stating that filing caveat and affidavit in court of law is publication and it amounts to Criminal Defamation. But that court also confirms the orders of lower court and dismissed the petition. Now my friend wants to appeal this in High court. But before that I wants to know that filing a caveat amounts to publication or not and can we file Criminal Defamation against our rivals ?