Any person who, with intent to defraud, shall make or draw or utter or deliver within
the city any check, draft or order for the payment of money, to apply on account or
otherwise, upon any bank or other depository, knowing at the time of such making,
drawing, uttering or delivering, that the maker, or drawer, has not sufficient funds
in or credit with such bank or other depository, for the payment of such check, draft
or order, in full, upon its presentation, or any person who, with the intent to defraud,
shall make, draw, utter or deliver within the city any check, draft or order for the
payment of money to apply on account or otherwise, upon any bank or other depository
and who shall not have sufficient funds for the payment for same when presentation
for payment is made to the drawee, except where such lack of funds is 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, shall,
if the amount payable in the check is $100.00 or less, such persons shall be guilty
of a misdemeanor punishable, for a first offense, by a fine of not more than $500.00
and/or imprisonment for up to 93 days.
