What defenses may be raised to bad check prosecution?

A. Post-dated check. A check with the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation.
   B. Stopped payment on a check - a check that was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally.
   C. Payment of antecedent debt - a check that represents payment of an antecedent debt (e.g. - repayment of a loan or payment on an account) may not be prosecuted criminally.
   D. Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented. In effect, the payee has agreed to extend credit and there is no present consideration.
   E. Prior dealings of the parties.
   F. Insanity:
       a. Inability to distinguish right from wrong
       b. Intoxication
            i. Must be involuntary
       ii. Voluntary intoxication is no defense
   G. Forgery - a check that is forged (made by someone other than the account holder and without the account holder's consent) may not be prosecuted as a bad check. It is therefore vital that the payee confirm the identity of the maker of the check at the time the check is presented.
   H. Lack of knowledge that check would not be honored (Example: the maker of the check did not know that someone else had withdrawn funds from the account); and
   I. Good character of Defendant.