Khan

Having been convicted of the crime of passing a check without having sufficient funds on deposit in the drawee bank to pay the same, defendant appeals from a judgment of imprisonment entered against him.

The crime charged was that described in section 476a of the Penal Code, which makes it a felony for a person, “with intent to defraud,” to draw or deliver to another a Check or draft on a bank, knowing at the time that he has not sufficient funds in or credit with the bank to meet the cheek. The concluding portion of the section reads as follows: “The word ‘credit’ as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft.” The appellant owed the complainant money on account of work done, and the debt being due and payment being demanded, he issued his check to the complainant in payment of the same. The bank refused to cash the check on the ground that there were not sufficient funds available to the credit of appellant for that purpose. Appellant presents two main contentions, to wit: 1. That the check being issued in payment of an antecedent debt which had matured prior to the giving of the check,…