                                 CODE OF VIRGINIA

EVIDENCE AND PRESUMPTIONS IN MALICIOUS PROSECUTION ACTIONS AFTER ISSUANCE OF BAD
CHECK (§ 18.2-185)

In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182,
no evidence of statements or representations as to the status of the check,
draft, order or deposit involved, or of any collateral agreement with reference
to the check, draft, or order, shall be admissible unless such statements, or
representations, or collateral agreement, be written upon the instrument at the
time it is given by the drawer.
		If payment of any check, draft, or order for the payment of money be refused
by the bank, banking institution, trust company or other depository upon which
such instrument is drawn, and the person who drew or uttered such instrument be
arrested or prosecuted under the provisions of § 18.2-181 or § 18.2-182, for
failure or refusal to pay such instrument, the one who arrested or caused such
person to be arrested and prosecuted, or either, shall be conclusively deemed to
have acted with reasonable or probable cause in any suit for damages that may be
brought by the person who drew or uttered such instrument, if the one who
arrested or caused such person to be arrested and prosecuted, or either, shall
have, before doing so, presented or caused such instrument to be presented to
the depository on which it was drawn where it was refused, and then waited five
days after notice, as provided in § 18.2-183, without the amount due under the
provisions of such instrument being paid.

HISTORY: Code 1950, § 6.1-118; 1966, c. 584; 1975, cc. 14, 15.