26-1124. Making, drawing or uttering check,
draft or order without sufficient monies; definition
Any person who is subject to this chapter and who for the procurement of any article
or thing of value, with intent to defraud, or for the payment of any past due obligation,
or for any other purpose, with intent to deceive, makes, draws, utters or delivers any
check, draft or order for the payment of money on any bank or other depository, knowing
at the time that the maker or drawer has not or will not have sufficient monies in, or
credit with, the bank or other depository for the payment of that check, draft or order
in full on its presentment, shall be punished as a court-martial may direct. The making,
drawing, uttering or delivering by a maker or drawer of a check, draft or order, payment
of which is refused by the drawee because of insufficient monies of the maker or drawer
in the drawee's possession or control, is prima facie evidence of his intent to defraud
or deceive and of his knowledge of insufficient monies in, or credit with, that bank or
other depository, unless the maker or drawer pays the holder the amount due within five
days after receiving notice, orally or in writing, that the check, draft or order was not
paid on presentment. In this section, "credit" means an arrangement or understanding,
express or implied, with the bank or other depository for the payment of that check,
draft or order.
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