New York Consolidated Laws, Penal Law - PEN § 190.00 Issuing a bad check;  definitions of terms

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The following definitions are applicable to this article:

1. “Check” means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.

2. “Drawer” of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.

3. “Representative drawer” means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.

4. “Utter.”  A person “utters” a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check.  One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.

5. “Pass.”  A person “passes” a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.

6. “Funds” means money or credit.

7. “Insufficient funds.”  A drawer has “insufficient funds” with a drawee to cover a check when he has no funds or account whatever, or funds in an amount less than that of the check;  and a check dishonored for “no account” shall also be deemed to have been dishonored for “insufficient funds.”

Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 190.00 Issuing a bad check;  definitions of terms - last updated January 01, 2021 | https://codes.findlaw.com/ny/penal-law/pen-sect-190-00.html


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