Under paragraph 2(d), if there is no proof of notice of dishonor, knowledge of insufficiency of funds cannot be presumed, and unless there is a priori intent, which is hard to determine and may not be inferred from mere failure to comply with a promise, no Estafa can be deemed to exist. (
People vs. Ojeda, G.R. Nos. 104238-58, 03 June 2004, 430 SCRA 436)
