premise: Theft by Check occurs when a person issues or passes a check with the intent of depriving the owner of property or service available in exchange for the check (1) knowing he or she does not have an account at the financial institution printed on the check or (2) knowing there is an open account at this institution but there isn't enough money to make payment on the check.
hypothesis: Perla writes a check at the Gypsy Diner. The Diner calls her two days later and tells her that her bank returned it for insufficient funds. She drives to the diner and gives them cash to cover the check. This situation is the best example of Theft by Check.