(a) Generally. No person, with intent to defraud, shall make, draw, utter or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon a bank or other depository, knowing at the time of such making, drawing, uttering or delivering that the maker or drawer has insufficient funds in or credit with such bank or other depository for the payment of such check, draft or order, in full, upon its presentation. No person, with intent to defraud, shall make, draw, utter or deliver any check, draft or order for the payment of money, to apply on account or otherwise, upon any bank or other depository if he or she does not have sufficient funds for the payment of the same when presentation for payment is made to the drawee, except for a lack of funds due to garnishment, attachment, levy or other lawful cause, and such fact was not known to the person who made, drew, uttered or delivered the instrument at the time of so doing.
(b) Evidence of Intent to Defraud. The making, drawing, uttering or delivering of a check, draft or order, the payment of which is refused by the drawee when presented in the usual course of business, shall be prima-facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided that the maker or drawer has not paid the drawee thereof the amount due thereon, together with all costs and protest fees, within five days after receiving notice that such check, draft or order has not been paid by the drawee.
(c) Notice of Protest as Evidence. Where such check, draft or order is protested on the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, nonpayment and protest, and shall be prima-facie evidence of intent to defraud and of knowledge of insufficient funds or credit with such bank or other depository.
(d) Credit Defined. "Credit," as used in this section, means an arrangement or understanding with the bank or depository for the payment of such check, draft or order, in full, upon the presentation thereof for payment.
(1974 Code Sec. 9.81)