It shall be unlawful for any person, either for himself or as
agent or representative of another person, or as an officer or agent
of 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 one hundred dollars
($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 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 or credit with
such bank or other depository.
[Amended 9-2-71]
Each violation of §
47-1 hereof shall be punishable by a term of imprisonment of not more than ninety (90) days or a fine of not more than five hundred dollars ($500), or both.