Does anyone have an indcitment for theft by check? Also, when indicting, who do you allege as the victim, the affiant or the merchant considering sometimes the affiant is an outside check collection agency? If you name the merchant, who would you put if its a corporation like Wal-Mart?

The victim of the theft is the owner or special owner of the property acquired through the use of the deception; certainly not some collection agency that may have ended up "purchasing" the piece of paper. If the owner was Walmart, I think you could allege Walmart, though many would likely just name of some local manager or even employee as a "special owner". You will likely want to name someone who will be available to testify (if needed). I do not think that even though you will rely on a presumption to prove an element of the offense under 31.06(a) or (f) that you have to allege the predicate facts in the indictment. So, in essence, since there is no separate "theft by check" offense, your indictment can read just like any other 31.03 case.