Sec. 10. Checks, etc., drawn without sufficient funds.
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 five dollars nor
more than one hundred dollars, 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 ten dollars nor more than two hundred dollars,
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. (Code 1932, §
306.)
For similar state law, see § 4149(44) of Michie's Virginia Code of
1942.
