COLJI-Crim. 5-5:14.SP

Except in the case of a postdated check or order, the following

evidence gives rise to a permissible inference that the issuer had

knowledge of his [her] insufficient funds: he [she] had no account with the

bank or other drawee at the time he [she] issued the check or order; or he

[she] had insufficient funds upon deposit with the bank or other drawee to

pay the check or order, on presentation within thirty days after issue.

A permissible inference allows, but does not require, you to find a

fact from proof of another fact or facts, if that conclusion is justified by the

evidence as a whole. It is entirely your decision to determine what weight

shall be given the evidence.

You must bear in mind that the prosecution always has the burden of

proving each element of the offense beyond a reasonable doubt, and that a

permissible inference does not shift that burden to the defendant.