Sec. 306. Checks drawn by person without sufficient
funds or credit.
Any person who, with intent to defraud, shall make or draw
or utter or deliver any check, draft, or other order for the payment
of money, upon any bank, banking institution, trust company,
or other depository, knowing at the time of such making,
drawing, uttering, or delivering, that the maker or drawer has
not sufficient funds in, or credit with such bank, banking institution,
trust company, or other depository, for the payment of such
check, draft or order, although no express representation is made
in reference thereto, shall be guilty of a misdemeanor.
Any person convicted under the provisions of this section shall
if the amount of such check, draft, or order is under fifty dollars
be sentenced to pay a fine of not less than $5.00 nor more
than $100.00, or to undergo imprisonment not exceeding thirty
days, or both. If the amount of such check, draft, or order is
fifty dollars or more, he shall be sentenced to pay a fine of not
less than $10.00 nor more than $200.00, or to undergo imprisonment
not to exceed six months, or both.
In any prosecution under this section, the making or drawing,
or uttering or delivery of a check, draft, or order, payment of
which is refused by the drawee because of lack of funds or credit,
shall be prima facie evidence of intent to defraud and of knowledge
of insufficient funds in, or credit with such bank, banking
institution, trust company, or other depository, unless such
maker or drawer shall have paid the drawee thereof the amount
due thereon, together with interest and protest fees, within five
days after receiving notice that such check, draft, or order has
not been paid to the drawee.
The word credit, as used herein, shall be construed to mean
any arrangement or understanding with the bank, banking institution,
trust company, or other depository for the payment of
such check, draft or order.
In any civil action growing out of an arrest under this section,
no evidence of statements or representations as to the status of
the check, draft, order or deposit involved, or of any collateral
agreement with reference to the check, draft, or order, shall be
admissible unless such statements, or representations, or collateral
agreement, be written upon the instrument.
