New Mexico § 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds

§ 20-12-55. Making, drawing or uttering check, draft or order without sufficient funds

Any person subject to Chapter 20 NMSA 1978 who: A. for the procurement of any article or thing of value, with intent to defraud;

or B. for the payment of any past due obligation, or for any other purpose, with intent

to deceive; makes, draws, utters or delivers any check, draft or order for the payment of money

upon any bank or other depository, knowing at the time that the maker or drawer has

not or will not have sufficient funds in, or credit with, the bank or other depository

for the payment of that check, draft or order in full upon its presentment, shall

be punished as a court-martial may direct. The making, drawing, uttering or delivering by a maker or drawer of a check, draft

or order, payment of which is refused by the drawee because of insufficient funds

of the maker or drawer in the drawee's possession or control, is prima facie evidence

of his intent to defraud or deceive and of his knowledge of insufficient funds in,

or credit with, that bank or other depository, unless the maker or drawer pays the

holder the amount due within five days after receiving notice, orally or in writing,

that the check, draft or order was not paid on presentment. In this section, the word “credit” means an arrangement or understanding, express

or implied, with the bank or other depository for the payment of that check, draft

or order.