[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 2/63; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. III). Subsequent amendments noted where applicable.]
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, order,
or electronic funds transfer (EFT) for the payment of money in a sum
not in excess of $100, 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 thereof.
The making, drawing, uttering or delivering of a check, draft,
order, or electronic funds transfer (EFT) for 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.
