It shall be unlawful for any 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, to make, draw, utter
or deliver any check, draft or order for the payment of money in a sum not
in excess of $200 upon any bank or 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 representation, although no express representation is made in reference
thereto.
The making, drawing, uttering or delivering of a check, draft or order
as stated in the foregoing section 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.
[Amended 4-30-1974]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $500 or imprisonment for a term not to exceed 90 days, or both.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.