Section 42, The Payment Systems Act, 2009

(1) Any person who knowingly draws or issues a chequeor other payment instrument against which there are insufficient funds in his account at a financial institution on which the cheque or other payment instrument is drawn commits an offence and shall on conviction be liable to a fine not exceeding three times the value of the cheque or other payment instrument or to a term of imprisonment not exceeding six months. (2) The fact that the cheque or other payment instrument is returned unpaid with the words “insufficient funds” or other words to that effect shall be prima facie evidence that the drawer had insufficient funds in the account against which the cheque or other payment instrument was drawn.