L. RATH, J.

( 1 ) THE S. D. J. Mr. Berhampur having taken cognizance against the petitioners u/s. 448 I. P. C. on a complaint filed by the opposite party, the petitioners have invoked the inherent powers of this Court to quash the cognizance taken as well as the proceeding against them. The admitted facts are that the petitioner No. 1 took the shop house of the opposite party on rent in pursuance of a rent-deed executed on 5-7-86. At the time the deed was executed one Mr. M. V. Prasad through whom the petitioner No. 1 is represented as per the complaint petition was the Branch Manager but he has since been transferred and the petitioner No. 2 has taken over charge as the Branch Manager. As per the agreement the tenancy was to expire on 5-6-89, but prior to that on 1-5-89 the opposite party gave a notice to petitioner No. 2 to vacate the premises by 5-6-89. A reply was sent by the petitioners' advocate to the opposite party on 19-5-89 stating that the notice was not legal, that it was not possible for his client to vacate the premises within the short period and that his client preferred to occupy the house paying rent as usual. On 9-6-89 the advocate for the petitioners sent a fur