If you cashed a check that turned out to be counterfeit and now your bank account is now overdrawn, you have to make good to your bank for the funds that you received and pay back the bank for the money it gave you equal to the amount of the check you negotiated.The rationale is that your recourse would be to go after the person who gave you the bad check for whatever moneys you might be out of pocket concerning the transaction where your received the bad check. Your bank had no duty to make sure the check that you negotiated was good. You have civil exposure but not criminal exposure for making the check good with your bank.