GNC.4.3.060 Issue of Worthless Check

(a) Whoever issues any check or other order for the payment which, at the time of issuance, he or she intends shall not be paid shall forfeit not more than $5,000.

(b) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:

(1) Proof that, at the time of issuance, the person did not have an account with the drawee; or

(2) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order; or

(3) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.

(c) This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check.

(d) In addition to the forfeiture provided for violation of this section, a judge may order a violator to pay restitution, provided that no person may receive double compensation under both this section and Section GNC.4.3.070.