[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 12-16-1969 as Ch. 11, § 11-3, of the 1969
Code. Amendments noted where applicable.]
A.
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 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.
B.
The making, drawing, uttering or delivering of a check,
draft or order as stated in this 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.
C.
The word "credit" as used in this section shall be construed
to mean an arrangement or understanding with the bank or depository for the
payment of the check, draft or order.
[1]
Editor's Note: See also N.J.S.A. 2C:21-5.
