190.10 - Issuing a bad check; presumptions.

§ 190.10 Issuing a bad check; presumptions.    1.  When  the drawer of a check has insufficient funds with the drawee  to cover it  at  the  time  of  utterance,  the  subscribing  drawer  or  representative  drawer,  as the case may be, is presumed to know of such  insufficiency.    2. A subscribing drawer or representative drawer, as the case may  be,  of  an  ultimately  dishonored  check  is  presumed  to have intended or  believed that the check would be dishonored upon presentation when:    (a) The drawer  had  no  account  with  the  drawee  at  the  time  of  utterance; or    (b)  (i) The drawer had insufficient funds with the drawee at the time  of utterance, and (ii) the check was presented to the drawee for payment  not more than thirty days after the date of  utterance,  and  (iii)  the  drawer   had   insufficient  funds  with  the  drawee  at  the  time  of  presentation.    3. Dishonor of a check by the drawee and insufficiency of the drawer's  funds at the time of presentation may properly be proved by introduction  in evidence of a notice of protest of the check,  or  of  a  certificate  under  oath  of an authorized representative of the drawee declaring the  dishonor and insufficiency, and such proof shall constitute  presumptive  evidence of such dishonor and insufficiency.