Opinion No.

The Honorable Bill Walters Senator Greenwood, Arkansas 72936

Dear Senator Walters:

This is in response to your request for an opinion. In order to effectively state the question it is appropriate to establish a hypothetical set of facts as follows:

A sells goods to B for $9,500. B pays A $7,000 at the time of delivery and promises to pay the remaining $2,500 later. B then writes a check for the $2,500 which was returned because of insufficient funds. The question then becomes whether B can be prosecuted for violation of the Arkansas Hot Check Law — Ark. Stat. Ann. 67-791, et seq. (Repl. 1979 and…