Cheque Dishonour Law in Transition: A Critical Analysis of Nepal's Legal Regime Before and After the Banking Offence and Punishment (Second Amendment) Act, 2082

Cheque dishonour in Nepal has been governed by two overlapping statutes: the Negotiable Instruments Act, 2034 and the Banking Offence and Punishment Act, 2064. The Banking Offence and Punishment (Second Amendment) Act, 2082 did not introduce criminal liability for the first time, but it reorganised an existing dual regime. This article examines that transition through a doctrinal study of the relevant statutes, Supreme Court decisions and secondary materials. It focuses on the repeal of section 107A of the Negotiable Instruments Act, the replacement of former section 3(c) with section 3A, the forty five day notice and certification process, graded imprisonment, the five percent fine, limitation and compromise. The new framework gives the drawer an opportunity to make payment before formal certification and makes punishment more closely reflect the amount involved. At the same time, it continues to combine private recovery, banking regulation and criminal sanction. The article argues that the amendment has made the law more coherent and procedurally clearer, but important questions remain about holder entitlement, the role of earlier case law and the practical operation of certification and settlement.