§ 22-98. Same—Checks without sufficient funds.

(a)

No person, with intent to defraud, shall make, draw, utter or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of such making, drawing, uttering or delivering, that the maker, or drawer does not have sufficient funds in or credit with such bank or other depository, for the payment of such check, draft or order, in full, upon its presentation.

(b)

As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order for payment of money which is refused for payment by the drawee, when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs within five days after receiving notice that such check, draft or order has not been paid by the drawee.

(c)

Where such check, draft or order is not accepted and is stamped or otherwise indicated on its face by the bank or depository with the words "insufficient funds" or with words to that effect or a notice to that effect is attached to the unaccepted check, such endorsement shall be admissible as proof of presentation, nonpayment and nonacceptance by the bank or depository, and shall be prima facie evidence of intent to defraud, and of knowledge of insufficient funds or credit with such bank or other depository.

(d)

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 a check, draft or order, in full, upon the presentation thereof for payment.

(e)

No person with the intent to defraud shall make, draw or utter any check, draft or order for the payment of money to apply on an account or otherwise upon any bank or other depository who at the time of making, drawing, uttering or delivering such check, draft or order has no account in or credit with such bank or other depository for the payment of such check, draft or order.

(Code 1977, § 15-119; Ord. No. 68, § 5, 8-25-1969; Ord. No. 343, 2-22-2010)

State law reference

Similar provisions, MCL 750.131 et seq.