§ 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.