The Worthless Check Act does not apply to:

1. A. any check where the payee or holder knows or has been expressly notified prior to the drawing of the check or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment on its presentation; or
2. B. any post-dated check.

History: 1953 Comp., § 40-49-6, enacted by Laws 1963, ch. 315, § 6.

ANNOTATIONS

Cross references. — For effect of postdating a negotiable instrument, see 55-3-113 NMSA 1978.

Knowledge of payee as jury question. — Whether motel clerk knew, had been expressly notified or had reason to believe that defendant did not have sufficient funds on deposit in the bank to insure payment on presentation of the check was for the jury to decide. State v. McKay, 1969-NMCA-009, 79 N.M. 797, 450 P.2d 435.

Act inapplicable to postdated check. — Where neither evidence nor inference contradicts testimony that a check was postdated, defendant's motion to dismiss the charge as to the check should be sustained as the Worthless Check Act does not apply to postdated checks. State v. Downing, 1971-NMCA-122, 83 N.M. 62, 488 P.2d 112.

Check postdated. — Where it was stipulated that the hay sold to defendant was weighed on June 25, and the payee testified that the check was accepted on the date of weighing, while the check was dated June 30, the defendant's motion to dismiss should have been sustained. State v. Downing, 1971-NMCA-122, 83 N.M. 62, 488 P.2d 112.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Application of "bad check" statute with respect to post dated checks, 52 A.L.R.3d 464.