applicability of limitation act in criminal cases
RELEVANT FACTS 1. The present dispute is between two companies both of which are travel agencies. 2. COMPANY A i.e. ‘Travel Master’ is into the business from 2002 and for the same has registered the domain name "www.travelmaster.com" for the purpose of exploring its business. 3. However on somewhere around 2008, Travel Master found that there are several similar domain names existing in the market for i.e. (travelmaster. in; travelmaster01.com etc) all of which were registered in the name of “India trip” company. 4. Hence ‘Travel master’ wrote a letter to ‘India Trip’ informing it about the domain names existing and further prayed for the transfer of the same domains back to ‘Travel Master'. 5. ‘India Trip’ did the same and transferred all the infringing domain names back to them. Also ‘India trip’ informed the ‘Travel Master’ that they were not directly responsible for the registration of the said domain names and one of their employees did so. 6. Hence the dispute settled there. 7. Again in 2012, almost after 4 years of the negotiation ‘Travel Master’ filed a CRIMINAL CASE against the ‘India trip’ alleging under section 419 and 420 of the IPC (Cheating & Fraud respectively) and under section 104 of the trademarks act. 8. The real case from the side of the defendants is that ‘Travel Master’ is now suing the ‘India-trip’ after such a long time in order to DEFAME the company. the defendants are also contending that in 2008, the complainants had the opportunity to file the case in court however they solved the matter "formally" by asking for the transfer of the disputed domain names and the "India-Trip' company did similarly. Hence the complainants can not raise the matter again in courts on the same issues that has already been settled between the parties after such a long time of 4 years. further, they call such attempt of the complainants to file the "already resolved case' to be maliciously drawn. Can “’Travel Master’ make the criminal matter before the court after a long time of 4 years.
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