JUDGMENT:

Markandey Katju, J.

1.Leave granted.

2.This appeal has been filed against the impugned judgment of the Karnataka High Court dated 10.04.2006 in Criminal Revision Petition No. 880 of 2003.

3.Heard learned counsel for the parties and perused the record.

4.The High Court while upholding the conviction of the appellant under Section 420 I.P.C modified the sentence and instead sentenced the appellant to undergo simple imprisonment of six months and to pay a fine of Rs.2,000/-, and in default to undergo a further period of two months simple imprisonment.

5.The facts of the case are that the appellant is a retired Head Master of a school. He took voluntary retirement from service under the guise of doing social work. It is alleged that on 05.10.1995 and on 18.11.1995 the appellant cheated the complainant by dishonestly inducing him to pay Rs.2,000/- to the appellant in cash assuring the said complainant to allot him a plot, though the said property was not even the property of the appellant.

6.The case of the appellant was that he had no intention to cheat the complainant and the case is of civil nature. On the other hand, the case of the prosecution was that the appellant accused