(1) Any person subject to this chapter who makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft or order in full upon its presentment shall be punished as a court-martial may direct when the person makes, draws or utters the check, draft or order:
(a) For the procurement of any article or thing of value, with intent to defraud; or
(b) For the payment of any past due obligation or for any other purpose, with intent to deceive.
(2) The making, drawing, uttering or delivering by a maker or drawer of a check, draft or order for which payment is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control is prima facie evidence of an intent to defraud or deceive and of a knowledge of insufficient funds in, or credit with, that bank or other depository unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft or order was not paid on presentment.
(3) As used in this section, “credit” means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft or order. [1985 c.682 §7]Section: Previous 398.386 398.388 398.390 398.391 398.392 398.393 398.394 398.395 398.397 398.399 398.400 398.402 398.404 398.406 398.408 Next
Last modified: August 7, 2008