JUDGMENT This revision petition is directed against the judgment dated 26.4.93 passed by Vth Additional Sessions Judge, Ujjain, in Cr. Appeal No. 18/92 whereby the conviction u/s 409 of the IPC was confirmed while sentence of two years RI and fine of Rs. 2,000/- awarded to the applicant vide judgment and order dated 20.2.92 passed by CJM Ujjain, in Cr. Case No. 1418/78 was modified to six months RI and fine of Rs. 2,000/-, in default of-payment of fine, six months further RI. The prosecution case, in brief, was that on 2.5.75 the applicant, who was Moharir in Tarana Municipality, embezzled Rs. 4,463/-. Report was made. After investigation, challn was filed. The applicant abjured the guilt. The learned CJM convicted and sentenced the accused-applicant as stated above. The applicant being aggreived by the judgment and order passed by learned ASJ, has filed this revision. Shri Chouhan, LC for the applicant, did not challenge the conviction recorded u/s 409 of the IPC against the applicant. He prays that the incident took place 24 years ago on 2.5.75. 24 years have passed and the applicant is now more than 70 years of age. He has been dismissed from service. The applicant has suffered more than 20 days RI. He, therefore, prays that now it will not be just and proper to send him to jail again. Shri Verma, learned Dy. G.A. does not oppose the prayer. I considered the arguments advanced by both sides and perused the record. The incident took place on 2.5.75. The allegation against the applicant is that he made embezzlement of Rs. 4,463/-. The applicant was at that time 47 years of age, now he has crossed 70 years. The Apex Court in case of Braham Das v. State of Himachal Pradesh, reported in AIR 1988 SC 1789 and this Court in case of Chhaganlal v. Municipal Corporation Bhopal and another, reported in 1997 FAC 185 and Ganesh Prasad v. State of M.P. 1995(II) MPWN 251 , held that in such cases, the ends of justice would meet if the applicant was sentenced to the period already undergone. The Supreme Court in case of Braham Das (supra) where the appeal was heard after 8 years, observed that after such a long period, no useful purpose would be served in sending the appellant to jail for suffering the remaining part of jail-sentence. The Supreme Court in case of Braham Das (supra) where the appeal was heard after 8 years, observed that after such a long period, no useful purpose would be served in sending the appellant to jail for suffering the remaining part of jail-sentence. In this case, the incident took place about 24 years back, on 25.5.75. He had been dismissed from service. He has suffered incarceration for 20 days. Now after lapse of long period of 24 years, no useful purpose would be served in sending the applicant to jail as observed by the Supreme Court. End of justice would meet if he is sentenced to the period already undergone. In view of above, the jail-sentence awarded to the applicant is set-aside and he is sentenced to the period already undergone by him, however, he is sentenced to pay fine Rs. 5,000/-. The amount of fine already deposited by the applicant shall be adjusted. The applicant is given one month's time to deposit remaining part of the fine amount, failing which he shall surrender before CJM Ujjain on or before 9.2.99 for suffering jail-sentence of 6 months in default of payment of fine amount. In the result, the revision petition stands partly allowed as indicated above.