You were assuming that the the bad check

was an accident. In that case I think you are right. You can check the account balance and deposit the check when sufficient fund is available.

However, more often than not, someone wrote you a bad check on purpose so there would be NSF no matter how many times you call the bank.If you knew there was NSF but you deposit the check anyway, not only would you not get the money, but also would you get into a lot more trouble.

http://www.mycrimespace.com/archives/545-Bad-check-lands-craigslist-seller-in-jail.html