Loan given to a sc/st and false sc/st case


5 Lacks  loan was given to a SC person 3 years ago, to which he was repaying back the interest for 6 year after which he  stoped repaying the interest or the loan amount. From last 2.5 years he was telling he is duty bound to return back our money but is not returning or picking our calls and avoiding us now. We are now having a feeling he might put false SC Case on us if we proceed legally. We work as employees and any police complaint will affect our carrer

We have a cheque given by him and also loan amount is given by Bank transfer. How to go about leagally about this matter without false SC case? Can we proceed leagally or is it risky for us to proceed legally?

 

 
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Retired employee.

The presumption that a lender advancing Rs.5 lakhs to SC means, it is an organization.  Please contact local advocate for doing needful.

 
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Sir, Loan is given to SC/ST backward class person. Fear is he might lodge false SC/ST Attrocity case. Which may lead to arrests. Please confirm if our fear is true or not. If so how to lodge the case defending yourself from arrest and prove he has given false complaint?
 
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Advocate

What is your capacity or status for giving the  loan? 

 
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Lawyer

What is your locus standi / concern i.e., Banker /NBFC / Financier or private person ?

Did you get the cheque dishonoured by presenting it for realisation ?

It is advisable to consult a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceeding

 
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Sir, I am an individual, loan was given as he was close back then, but avoiding lately. Have not yet presented the cheque. There is no other issue except for the financial transaction. He is not picking calls and has changed his residence, but know where he works
 
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Advocate

The question is not about whether he would file false cases against you misusing the law 

You should concentrate on your subject to recover the loan amount by legal means.

Let him file any case after you are taking legal action to recover the money lent to him.

You can take a defense on the basis of the recovery suit filed by you in case he is filing any false case against you thereafter as a revenge.

 

 
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