No person, either for himself or as agent or
representative of another person or as an officer or agent of any
corporation or as a member of a partnership, with intent to defraud,
shall make, draw or utter or deliver any check, draft or order or
electronic funds transfer for the payment of money in a sum not in
excess of $200, upon any bank or other depository, knowing at the
time of so doing that the maker or drawer has no funds or insufficient
funds in or credit with such bank or other depository for the payment
in full of such instrument upon its presentation although no express
representation is made in reference thereto.
The making, drawing, uttering or delivering
of a check, draft or order or electronic funds transfer as stated
above shall be prima facie evidence of intent to defraud, and the
certificate of protest of nonpayment of same shall be presumptive
evidence that there were no funds or insufficient funds in or credit
with such bank or other depository and that the person making, drawing,
uttering or delivering the instrument knew that there were no funds
or insufficient funds in or credit with such bank or other depository.