WILLIAM DONALD SCHAEFER, Governor Ch. 396

(3)  THE EMPLOYEE OF THE DRAWER OR REPRESENTATIVE
DRAWER OR AN INDEPENDENT CONTRACTOR HIRED BY THE DRAWER OR
REPRESENTATIVE DRAWER PASSES THE CHECK TO A THIRD PERSON; AND

(4)  PAYMENT IS REFUSED BY THE DRAWEE UPON
PRESENTATION.

142.

(a)  When the drawer of a check has insufficient funds with
the drawee to cover it and other outstanding checks at the time
of utterance, the subscribing drawer or representative drawer, as
the case may be, is presumed to know of the insufficiency.

(b)  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:

(1)  The drawer had no account with the drawee at the
time of utterance; or

(2)  (i) The drawer had insufficient funds with the
drawee at the time of utterance to cover it and other outstanding
checks; and

(ii) The check was presented to the drawee for
payment not more than 30 days after the date of utterance; and

(iii) The drawer had insufficient funds with
the drawee at the time of presentation.

(c)  Dishonor of a check by the drawee, that the drawer had
no account with the drawee at the time of utterance, and
insufficiency of the drawer's funds at the time of presentation
and utterance 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, lack of account and insufficiency, and this proof shall
constitute presumptive evidence of the dishonor, lack of account
and insufficiency.

(d)  The fact that a drawer or representative drawer,
without the consent of the payee, stopped or countermanded the
payment of the check, or otherwise caused the drawee to disregard
or dishonor or refuse to recognize the check without returning or
tendering the return of the property obtained, constitutes
presumptive evidence that the drawer or representative drawer had
the intent to stop or countermand payment or otherwise cause the
drawee to disregard or dishonor or refuse to recognize the check
at the time of uttering.

143.

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