|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A PERSON MAY NOT OBTAIN PROPERTY OR SERVICES BY PASSING A CHECK IF:
(1) THE PERSON KNOWS THAT THE DRAWER OF THE CHECK HAS
INSUFFICIENT FUNDS WITH THE DRAWEE TO COVER THE CHECK AND OTHER
OUTSTANDING CHECKS;
(2) THE PERSON INTENDS OR BELIEVES WHEN PASSING THE CHECK
THAT PAYMENT WILL BE REFUSED BY THE DRAWEE ON PRESENTMENT; AND
(3) PAYMENT OF THE CHECK IS REFUSED BY THE DRAWEE ON
PRESENTMENT.
(E) SAME — PASSING CHECK WITH KNOWLEDGE OF STOPPED PAYMENT OR
DISHONOR
A PERSON MAY NOT OBTAIN PROPERTY OR SERVICES BY PASSING A CHECK IF:
(1) THE PERSON KNOWS THAT:
(I) PAYMENT OF THE CHECK HAS BEEN STOPPED OR
COUNTERMANDED; OR
(II) THE DRAWEE OF THE CHECK WILL DISREGARD, DISHONOR, OR
REFUSE TO RECOGNIZE THE CHECK; AND
(2) PAYMENT IS REFUSED BY THE DRAWEE ON PRESENTMENT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 141.
This section is restated in standard language used to describe a prohibited
act.
In this section and throughout this subtitle, the word "when" is substituted
for the former phrase "at the time of" for brevity.
Also in this section and throughout this subtitle, the references to
"presentment" of a check are substituted for the former references to
"presentation" of a check for consistency with provisions of the Uniform
Commercial Code relating to checks and other negotiable instruments. See,
e.g., CL Title 3, Subtitle 5.
In subsections (a), (b), and (c) of this section, the former references to
acting "[a]s a drawer or representative drawer" are deleted as surplusage
in light of the definition of "issue".
In subsection (a)(1) of this section, the reference to knowing that "there
are" insufficient funds is substituted for the former reference to knowing
that "he or his principal, as the case may be, has" insufficient funds for
clarity and brevity.
In subsection (b)(1) of this section, the reference to "the person or, in the
case of a representative drawer, the person's principal" is substituted for
|
|
|
|
|
|
|
|
|
|
- 578 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
