Honble DALELA, J. – At the request of both the sides this revision petition is being decided at this stage of admission. (2). It is alleged that the petitioner was working as a Junior Clerk Cum Cashier in the Government Secondary School, Barni Khurd and he went to the State Bank of Bikaner & Jaipur on 1.5.1993 for taking the payment amounting to Rs. 41,897/- for making payment to the staff. The amount was obtained by him from the Bank, but he did not come back to the School for the disbursement of the amount. The case of the petitioner in defence is that the brief- case in which the amount was kept was lost in the Bus while returning to the School. (3). The trial court after going through the evidence found the petitioner quality for the offence under Section 409 I.P.C. and on conviction he was sentenced to 3 years rigorous imprisonment and a fine of Rs. 1,000/-. In default of the payment of fine to further undergo R.I. of three months. The petitioner filed an appeal against the said conviction and sentence of of munsif cum Judicial Magistrate, Bilara before the Sessions Judge, Jodhpur fromwhere the appeal was transferred to the court of Additional Ses- sions Judge No.2, Jodhpur. The appeal of the petitioner was dismissed. (4). Aggrieved by both the orders of the lower courts below the petitioner has preferred this revision. Heard both the sides. (5). The learned counsel for the petitioner has stated at Bar before me that he would not challenge the conviction and would pray only for leniency in the sentence as the petitioner has already lost the service. The loss of service by the petitioner as a result of conviction has not been disputed by the learned public prosecutor. (6). In Ram Lal VS. State of Rajasthan (1), this Court while holding the loss of service is a very relevant consideration for awarding the sentence and in such cases a lenient view should be taken, reduced the sentence of R.I. of one year to 80 days of imprisonment already undergone by the accused for the offence under section 409 I.P.C. (7). In Vishnu Datta Mishra VS.
In Vishnu Datta Mishra VS. State of Madhya reported in Pradesh (2), in the case of failure by public servant to disburse the entrusted amount to labour and contractor, the conviction under section 409 I.P.C. was upheld by the Apex Court, but in view of the fact that accused was likely to lose his service the sentence of 2 years R.I. was reduced to 6/1/2 months Kigorous imprisonment already undergone. Similarly in Bhagwan VS. State of Maharashtra (3), the Supreme Court reduced the sentence of 3 years imprisonment to that of 5 months imprisonment already undergone for the offence under section 409 I.P.C. (8). In the present case in hand, the petitioner has already undergone more than 8 months imprisonment and has already lost his service. Having regard to the principles laid down in the above rulings, I think that the ends of justice would be met if the substantive sentence of 3 years R.I. awarded to the petitioner is reduced to the period already undergone. The sentence of fine, however, should be increased to Rs. 2,500/- (9). In the result, this revision petition is partly allowed. The conviction of the petitioner for the offence under section 409 I.P.C. is upheld, but the substantive sentence of 3 years rigorous imprisonment awarded to him is reduced to the period already under gone by him.The sentence of fine is increased from Rs. 1000/- to Rs. 2,500/- and in default of which he would further undergo a rigorous imprisonment for three months.