[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong
6-7-1963 as Ch. 34 of the 1967 Code. Amendments noted where applicable.]
It shall be unlawful for any person, either for himself or as agent
or representative of another person, or as an officer or agent for any corporation,
or as a member of a partnership, with intent to defraud, to make, draw, utter
or deliver any check, draft or order for the payment of money in a sum not
in excess of $100 upon any bank or other depository, knowing at the time of
so doing that the maker or drawer has no funds or insufficient funds in or
credit with such bank or other depository for the payment in full of such
instrument upon its presentation, although no express representation is made
in reference thereto.
The making, drawing, uttering or delivering of a check, draft or order
as stated in the foregoing section shall be prima facie evidence of intent
to defraud, and the certificate of protest of nonpayment of same or the returned
check with the statement of no account or insufficient funds shall be presumptive
evidence that there were no funds or insufficient funds in or credit with
such bank or other depository and that the person making, drawing, uttering
or delivering the instrument knew that there were no funds or insufficient
funds in or credit with such bank or other depository.
Each violation of § 87-1 hereof shall be punishable by a term of imprisonment of not more than 90 days or a fine of not more than $200, or both.
