By accusation, defendant was charged with a misdemeanor in making, drawing, uttering, and delivering a bad check in exchange for present consideration, a “down payment on a boat,” knowing that the said check would not be honored by the drawee. The trial court, without the intervention of a jury, found defendant guilty and sentenced him to pay a fine of $252 and to serve a term of 12 months, the confinement to be suspended and the defendant allowed to serve same under probation if within 60 days from the date of the sentence the defendant made restitution on the subject check in the amount of $2,495 to the prosecutor (boat dealer). A motion for new trial was filed and denied, and defendant appeals. Held:
The admitted facts were that the defendant purchased a boat and trailer from the prosecutor, paying for the boat and trailer with a check which was subsequently dishonored by his bank. Upon being informed by the prosecutor that the check had failed to clear, defendant’s wife delivered a second check to pay for the boat. This check was also dishonored. Immediately the prosecutor asked the defendant to enter a financing agreement for the boat and trailer to which the defendant voluntarily complied by issuing a third check as a “Down payment on Boat.” The instant prosecution arises out of the dishonoring of the third check.
A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a check for the payment of money on any bank in exchange for a present consideration knowing that it will not be honored by the drawee. Further, it is prima facie evidence that the defendant knew that the instrument would not be honored if he had no account with the drawee at the time the instrument was made, drawn, uttered or delivered. See Code Ann. § 26-1704 (Ga. L. 1968, pp. 1249, 1288; 1975, pp. 482, 483; 1977, pp. 1266-1268; 1978, p. 2020). The returned check contained the language “returned unpaid account closed.”
The defense here is that the seller knew the check was not good, having already substituted two other no-good checks for this one, and same was not given for the merchandise; and that this was a payment on the debt and not for a present consideration. However, *692the seller’s testimony was that while he had originally, on or about July 4,1978, given over possession of the merchandise (a boat), but not the title thereto, it was back in his (seller’s) possession when the defendant issued the bad check in question as “down payment on a boat” and executed the loan arrangement as to the balance due on the boat.
Submitted January 16, 1980 Decided May 20, 1980. W. L. Salter, Jr., for appellant. Malcolm F. Bryant, Jr., Solicitor, for appellee.Clearly there was evidence supporting the finding by the trial court that the check was given for a present consideration. The trier of fact, as the reasonable man or jury, was authorized to infer from the state’s evidence that it was the defendant’s purpose to cheat and defraud the seller and to cause him to suffer loss resulting from his reliance on the defendant’s wrongful act as charged in the accusation by giving him a bad check as a “down payment on a boat.” The evidence was sufficient to support the finding of the court. Wiggins v. State, 139 Ga. App. 98, 99 (1) (227 SE2d 895); Purvis v. State, 143 Ga. App. 447, 449 (238 SE2d 575); Harris v. State, 234 Ga. 871, 873 (218 SE2d 583); Moore v. State, 240 Ga. 807, 811 (II (1)) (243 SE2d 1).
After a careful review of the trial transcript and record we find and so hold that a rational trier of fact (the court, without the intervention of a jury, in the case sub judice) could easily have found the defendant guilty beyond a reasonable doubt of criminal issuance of a bad check, for a present consideration, even though the defendant had shown evidence which, if believed by the fact finder, would have authorized a finding to the contrary. Moses v. State, 245 Ga. 180, 181 (1) (263 SE2d 916).
Judgment affirmed.
Deen, C. J., Quillian, P. J., Shulman and Birdsong, JJ., concur. Carley, J., concurs in the judgment only. Smith, Banke and Sognier, JJ., dissent.